These General Terms and Conditions of Sale and Delivery are an integral part of any contract between our company and the buyer of our goods. The placing of an order implies full acceptance of our terms and conditions, even in the event of dispute or in the event that other terms and conditions exist on the part of the buyer.
The sales prices and other information regarding delivery times stated in our catalogues, brochures, price lists and advertisements are to be regarded solely as information for the buyer. They are not binding and may be adjusted or changed at any time.
Our offers are free of charge and non-binding orders:
a) We are not bound by orders until we have confirmed them in writing. After sending the order confirmation, these are subject to our planning and can no longer be revoked. However, at the written request of the buyer, we can postpone the delivery by 3 months, calculated from the originally agreed delivery date. After this period, we may compulsorily demand the execution of the order or claim damages of 30% excluding VAT of the corresponding invoice amount.
a) The prices valid at the time the order is created have only a provisional value and are therefore not fixed. They may be adjusted to an increase in our cost price.
b) The invoice shall be issued at the time of delivery.
a) We shall make every effort within the bounds of possibility to comply with the delivery periods given as examples. Exceeding the mentioned deadline does not give the buyer the right to claim damages or even to withdraw from the contract. In cases of force majeure or events such as strikes, lock-outs, epidemics, fire, interruption of transport, lack of wagons or of raw materials, which make our performance or that of our suppliers or subcontractors difficult or impossible, we may without further ado waive the part of the order not yet executed, without the buyer therefore being entitled to compensation.
b) For each delivery of less than 12 bottles, 10.00 euros + VAT will be charged in Brussels. Any delivery of 12 bottles or more will be made free domicile (destination) within Brussels.
We deliver without charging packing costs.
a) Our invoices are payable within a period of 14 days from the date of the invoice. Payment shall be made into the account with KBC Account No. 733-0358486-04, SWIFT: KREDBEBB, IBAN BE 10 7330 3584 8604 For payments made within seven days (from the date stated on the invoice!).
b) If the due date is exceeded, default interest shall accrue without further ado and without prior reminder. The applicable interest rate applicable to the payments due is that resulting from the law of 2 August 2002 on combating late payment in commercial transactions. In addition to this interest rate, in the event of non-payment after a period of 40 days, the buyer shall be obliged to pay an additional 12% of the invoice amount, without taking into account any possible costs of legal action.
Retention of title – resolutory condition:
It is expressly agreed that we remain the unrestricted owner of the goods delivered until full payment has been made. The retention of title applies not only to the buyer, but also to his creditors and third parties. The goods covered by the retention of title shall be marked with clear identification marks, stored separately and be the subject of special accounting. They cannot be seized. If the buyer has failed to perform any of his contractual obligations, irrespective of which, as well as if he fails to pay the total amount due, we reserve the right to enforce the return of the goods concerned by way of an injunction by the competent commercial court. Furthermore, in the event of non-fulfilment of the contractual obligations by the buyer, we reserve the right, at our discretion, either to demand immediate payment of the sum due, without taking into account the originally agreed due dates, or to terminate the contract and claim appropriate compensation. Such decision shall be notified to the buyer by registered letter with acknowledgement of receipt; it shall not be cancelled by any subsequent commercial transaction with that buyer.
Our products, even if they are sent carriage paid, are transported at the expense and risk of the buyer. If he so requests, they may be insured at his expense. The transfer of risk takes place at the time they are handed over to the carrier. The buyer is obliged to accept the delivery as soon as it is available for acceptance; if acceptance is refused, we will store the goods at his expense and risk. With the exception of special instructions concerning the order, we shall determine the method and route of transport which appear to us to be the most appropriate, without assuming any responsibility for it. In the event of damage or delay during transport, it is incumbent on the buyer to assert his rights, to notify the last carrier in writing immediately and to exercise the legal recourse he has against him. Such recourse shall not suspend the maturity of our invoices.
a)Complaints regarding quantity and condition are only valid against us if they are made in writing and within ten days of acceptance of the delivery. If such a complaint appears to be justified, the buyer can only demand an identical, defect-free delivery after he has first satisfied the agreed terms of payment and, at our request, has surrendered the defective delivery in its original condition. If the possibility of split deliveries exists, the settlement can only take place concurrently.
Place of execution – Assignment of jurisdiction – Jurisdiction of the courts:
The place of execution of our contracts is Brussels/Belgium. The law applicable to all contracts concluded by us with our buyers is the Belgian law. Any dispute of any nature whatsoever, in particular those relating to the existence and interpretation of our obligations and to the payment of our invoices, is expressly assigned to the jurisdiction of the courts of Brussels. The Buyer expressly accepts this assignment of jurisdiction, which cannot be deviated from, even in the event of acceptance of bills of exchange or multiple defendants. However, we reserve the right to apply to any other competent court at our discretion.