1. Applications and exceptions
These general conditions of sale apply to all orders placed with us. The customer is supposed to accept them by the mere fact of his order. Derogations from these conditions of sale, even appearing on documents emanating from or from the client or our representatives, are only enforceable against us with written confirmation from us. Even in this case, these conditions of sale remain applicable for all points on which it has not been expressly waived.
2. Offers and order confirmations
Our offers are made without obligation on our part. All orders are binding on the client, but are only binding on us after written confirmation, delivery or invoicing from us.
Our prices and price lists are given without any commitment and can always be modified without prior notice. If the price changes between the order date and the delivery date, the application price will be that of the time of delivery. In the event of a price increase, the buyer has the possibility of canceling his order for the quantities remaining to be delivered at the new price.
4. Packaging, description and other information
Our products are always delivered in bulk or in standard packaging. The weights, volumes and / or units indicated by us serve as the basis for invoicing. All information and exemption clause indicated on or in the packaging are part of these general conditions of sale.
5. Delivery times
Unless otherwise stipulated in writing on our part, delivery times are given for information only. They do not bind us in any way and cannot give rise to damages from us.
Unless otherwise agreed in writing, our goods travel to risks and perils of the purchaser, even if the transport costs are incumbent on us following a separate written agreement. The buyer also bears the risks and dangers of the goods from their delivery.
7. Risks and perils
The buyer bears the risks and perils of the goods from their delivery, despite the retention of title in article 8.
8. Retention of title
The ownership of the delivered goods passes to the buyer only after payment of the total price. Until this time, the goods cannot be pledged or sold and we are entitled to take back or demand the return of goods belonging to us. However, if we use this right, the sale will only be terminated if we expressly declare it. In the event of seizure of the goods, the buyer is obliged to notify us without delay.
9. Guarantees and complaints
Any complaint concerning possible inaccuracies in our order confirmations or in our invoices, must, under penalty of forfeiture, reach us by registered letter within eight days of receipt of the confirmation or invoice.
Any apparent failure or defect must be noted in writing within eight days of receipt of the confirmation or invoice. The guarantee of our products against hidden defects is limited to 30 days from the day of delivery or the date on which the goods should have been removed, any claim must be made within eight days, by registered letter.
However, no guarantee will be given in the event of an apparent defect, if the goods have already been worked or transformed and, in the event of a hidden defect, if the instructions for use have not been followed or if the goods have not been used or handled properly.
If the complaint is recognized as justified, we will have the choice to replace or repair the goods delivered. All other compensation is excluded.
10. Force majeure
In case of force majeure or extraordinary circumstances, making production and / or delivery by supplier impossible, such as lack of raw materials, for reasons beyond our control, transport difficulties or conflicts of all kinds ( war, strike, lockout, illegal occupation of premises and / or facilities, etc.), we reserve the right to renounce all or part of the contracts, or to postpone delivery to a date later than that which was agreed , without the customer having the right to claim compensation.
If the buyer encounters difficulties of the type mentioned above making delivery impossible, the invoice will bear the date of the day on which delivery should normally have been made. In this case, the buyer will also be liable for all exceptional storage and delivery costs.
Unless otherwise stipulated in writing, payment of any amount invoiced must be made at the seller's registered office. Failure to pay on the due date of an accepted draft or the issuance of a bad check makes all our other debts due to the buyer immediately and fully payable and authorizes us to take back or claim any goods delivered.
The complaint, even justified, concerning the supply in question or any other delivery in no way suspends the payment obligations of the buyer. As long as the buyer has not met his payment obligations or other obligations, we are entitled to suspend any further delivery.
Notwithstanding the agreed terms of payment, the buyer authorizes us to claim at any time, even before any delivery, a bank guarantee for the performance of his payment obligations. As long as the buyer has not provided this guarantee, we are entitled to suspend all deliveries.
12. Failure to pay
Any amount not paid by the due date will automatically and without prior notice bear interest of 15% per year. In addition, any amount not paid by the due date will be automatically increased by 15% with a minimum of 125 euros, as lump sum compensation for our extrajudicial costs.
13. Resolution or rupture
The foregoing stipulations do not in any way mean that we renounce our right to claim, at our convenience, in the event of non-payment, the rupture and / or automatic resolution of the sale at the expense of the 'buyer, plus damages.
In the event that a sale is resolved in whole or in part following any fault or negligence on the part of the buyer, the latter will be liable to us for compensation assessed at a flat rate of 20% of the amount of the sale or the part resolved thereof, without prejudice to our right to claim reimbursement of any other damage and costs that we should incur in order to come into possession of the goods and / or to restore them to their original condition.
14. Election of domicile
This agreement is governed by Belgian law. Any disputes to which this agreement may give rise will be exclusively subject to the courts of Mons.
The invalidity of a clause, even partial, does not invalidate the other general conditions of sale.
15. Return of goods
If it is a question of returning goods, the return address is that of the head office in Belgium:
- Pranarôm International s.a
37, avenue des Artisans
7822 Ghislenghien - Belgium