GENERAL TERMS AND CONDITIONS OF SALE AND EXECUTION
ART 1: Quotations and orders
1.1. Unless otherwise stipulated in our special conditions, the validity period of our quotations is thirty days.
1.2. Any order not preceded by a written quotation from us shall only be binding upon us if we have accepted it in writing.
1.3. The client acknowledges having received from the seller all relevant information regarding the characteristics of the product sold, taking into account the use specified by the consumer or its reasonably foreseeable use, prior to signing the order form.
1.4. Our agents or representatives do not have representative authority. Sales negotiated by them only become binding upon dispatch of our written acceptance of the order.
1.5. The client gives explicit consent for the processing of their personal data and acknowledges having read the company's privacy policy.
ART 2: Payment
2.1. Our invoices are payable in cash at our registered office upon receipt.
2.2. The goods remain our property until full payment of the price.
2.3. In the event of non-payment of an invoice upon its due date, payment of all outstanding invoices shall become immediately due and payable. In addition, we reserve the right to suspend works and deliveries without prior notice.
2.4. Any invoice unpaid on the due date shall, automatically and without prior notice of default, accrue late payment interest at a rate of 12% per annum. Any invoice unpaid on the due date shall, furthermore, automatically and without notice of default, be increased by a fixed indemnity of 10% of the unpaid amount, with a minimum of €75.
ART 3: Delivery lead times
3.1. Unless expressly guaranteed in our special conditions, the execution periods for works mentioned in our special conditions are not binding deadlines. Our liability can only be invoked if the delay is substantial and attributable to our gross negligence. Consequently, exceeding these deadlines shall not give rise to cancellation, penalties, or damages unless expressly agreed and accepted by us.
3.2. However, failing delivery within the agreed period and where no fault has been committed, the client shall only be released from their obligations after sending a formal notice of default by registered letter and subsequent failure to deliver the product within four weeks following the dispatch of said notice.
3.3. If, upon expiry of this period, the goods have still not been delivered to the client, the client shall be entitled to an indemnity fixed at 10% of the sale price excluding VAT, payable upon dispatch of a formal notice of default by registered letter and failure to deliver within eight days following the expiry of the four-week period.
ART 4: Inspection and acceptance of works
4.1. Provisional acceptance (handover) shall, where possible, take place in the presence of the client. In this case, provisional acceptance is expressly finalized upon the client signing the contractual acceptance document. Should the client be unable to attend, the document shall be completed and signed solely by our representative. We will then send a copy of the document to the client by regular post.
The client agrees to return it within 48 hours of receipt, noting any additional observations. If the client fails to return the document within this timeframe, the provisional acceptance carried out solely by our representative shall be deemed formal and binding on the client.
4.2. Final acceptance shall take place as soon as the observations noted in the provisional acceptance report have been rectified. From this moment, the client is required to pay us the entire outstanding balance. The emergence of issues not recorded in the provisional acceptance report shall not justify the withholding of any payment.
4.3. In the event of claims regarding latent defects or visible faults, the client agrees to allow a site visit by an architect or an expert appointed by us to inspect the delivered goods. This visit constitutes neither an admission of liability nor a waiver of our right to rely on the preceding paragraph.
In case of dispute regarding quality, the client agrees to deposit the outstanding balance into an escrow account held for our benefit.
4.4. We reserve the right to suspend our intervention to rectify reported defects for as long as the client fails to prove compliance with the obligation set out above.
4.5. Furthermore, defects that existed at the time of delivery and which the client could reasonably have noticed shall be considered accepted immediately if the client was present during delivery.
ART 5: Execution and performance of works
5.1. Our prices are based on ground-floor delivery, unobstructed access via a drivable road, and pavements in good condition suitable for handling equipment used to transport heavy and bulky parts.
5.2. Upon delivery, the client is also required to facilitate our team’s work by ensuring clear access and leaving sufficient space to store the supplies.
5.3. In the event of installation, water and electricity shall be provided free of charge for the operation and tooling requirements of our staff.
ART 6: Warranty
6.1. With the exception of visible defects existing at the time of delivery (which are excluded by virtue of acceptance by the client), the seller’s warranty applies within the following limits:
Regarding supplied goods, our warranty is limited to that which we obtain from our manufacturers/suppliers.
In any event, the warranty is limited to the replacement of defective parts, including transport and labour costs.
We undertake to replace free of charge any appliances and materials under warranty that do not meet standard specifications; however, the client waives the right to claim any further indemnity of any kind beyond the replacement of said items.
6.2. This warranty applies only insofar as installation faults and defects in the materials used result from actions attributable to the installer, and not from interventions by third parties hired by the client to make modifications/repairs, nor from accidental damage or force majeure.
6.3. Consequently, any warranty is strictly conditional upon all maintenance and repair works being carried out by our company.
Any intervention by a third party releases us from all liability and void all warranties.
6.4. To claim under the warranty, the client must notify us of any latent defect by registered letter within a maximum period of one month from the date the defect was discovered or reasonably should have been discovered.
ART 7: Limitation of liability
7.1. From the time of delivery and installation, we assume no liability other than that specified in Article 6.
7.2. The duration of the warranty specified in Article 6 is limited to a period of 1 year from final acceptance.
7.3. Consequently, we are not liable for any damages for personal injury, damage to property distinct from the supplies delivered by us, loss of profit, or any other loss arising directly from defects in the delivered goods.
7.4. Each party hereby excludes, and guarantees that its affiliated persons exclude, all non-contractual (tort) liability relating to the formation, performance, and termination of this agreement with respect to any other party and the direct or indirect directors, employees, shareholders, and agents of that other party and its affiliated persons, to the fullest extent permitted by law (including in the case of gross negligence).
ART 8: Termination of contract
8.1. We are entitled to terminate the sale automatically by registered letter in the event of a material breach by the client of their contractual obligations, notably if the client fails to be present on the scheduled site or delivery date, is overdue on an invoice by more than thirty calendar days, or if it becomes evident that the client will not or is seriously likely not to fulfil a principal obligation, even before that obligation falls due.
8.2. In the event of contract termination pursuant to the paragraph above, the client shall be liable for a lump-sum indemnity equal to 40% of the price excluding VAT for bespoke/custom-made items, and 20% for "standard" goods; any deposit received by us shall first be applied against these indemnities.
8.3. The indemnities provided above shall remain due even if cancellation occurs before we have confirmed the sale.
8.4. In the event of a material breach of contract by our company, the client may likewise notify their intention to terminate the contract by registered letter. If default by our company is proven, the client shall also be entitled to an indemnity equal to 20% of the price excluding VAT.
ART 9: Off-premises sales and cooling-off period
9.1. Upon signature of the sales agreement, the sale is finalized in accordance with Article 1583 of the Civil Code and cannot be cancelled by either party, unless concluded off-premises in accordance with the Law of 14/07/1991 on consumer protection: "Within seven working days from the day following the signature of the contract, the consumer has the right to cancel their purchase without penalty, provided they notify the seller by registered post."
9.2. Off-premises sales refer specifically to those concluded at trade fairs and exhibitions. This cooling-off period does not apply where the seller's visit was made at the express prior request of the client for the purpose of negotiating a sale.
ART 10: Preliminary works and modifications
All preliminary site preparation works required for the kitchen installation must be carried out by or at the expense of the client. Any modifications or additional works during installation will be billed to the client on a time-and-materials basis at the rate applicable at the time of installation. In the event of a discrepancy between actual site dimensions and those provided by the client or their representative, any resulting adjustments to the kitchen shall be at the client's expense.
ART 11: Hierarchy and dispute priority
Our general terms and conditions take precedence over the general and special conditions of our buyers, unless expressly agreed otherwise in writing.
ART 12: Applicable jurisdiction
In the event of a dispute, the courts of Nivelles shall have exclusive jurisdiction, subject to standard appeal procedures and the mutual agreement of the parties to select an alternative court. We likewise reserve the right to summon the debtor before the competent court of the debtor’s domicile.