GENERAL CONDITIONS OF SALE AND PAYMENT DELIGOUT SPRL
1 Conditions and modification
1.1 Unless written exemption, any offer, order and any agreement (even future) are made under these conditions. Any derogation or modification to these conditions can only be opposed to us, if we have previously expressed our express and written agreement.
2 Orders and deliveries
2.1 All prices, proposals or offers, written or oral, are without commitment or obligation on the part of DELIGOUT. A contract only comes into being after express written confirmation of the order. DELIGOUT reserves the right to (partially) refuse an order. Any order, offer and / or confirmation of the customer's order is binding.
2.2 The delivery of the goods by DELIGOUT or the reception by the customer, forms the proof of the order.
2.3 The delivery times are given as an indication, without strict commitment on the part of DELIGOUT. In case of modification of the order, the probable delivery times indicated by us, will be automatically and reasonably extended. Exceeding the advance payment period is added to the delivery time. Any delays cannot lead to termination of the contract and / or damages. DELIGOUT is not required to pre-deliver.
2.4 The agreement is concluded subject to any force majeure which could prevent the execution of the agreement. Force majeure justifies a delay, breach or termination of the contract by DELIGOUT, without compensation being due.
2.5 The customer confirms that the delivery location is accessible and that delivery can take place on the agreed date and time. If delivery cannot be made through the customer, additional costs may be taken into account.
2.6 The delivered goods may show differences with the promotional presentations.
3 Transfer of risk and complaints
3.1 By placing their order, the customer confirms that they have the authorization and all the licenses to sell the goods delivered by DELIGOUT.
The ordered goods are delivered ex works and are accepted at the place of delivery. The transfer of risk takes place at the latest at the time of delivery to the customer, even if ownership is only transferred at the time of full payment by the customer.
3.2 The delivery or collection of the goods consists of the acceptance of the goods and the quantities. Insofar as acceptance of deliveries has not been expressly formulated, complaints concerning conformity or visible defects must be made by registered letter with reasons within 48 hours of delivery and before use, processing or the resale of the goods. The burden of proof of the alleged non-conformity or of the defects present at the time of delivery lies with the customer.
3.3 The customer acknowledges having received all the necessary information on the conservation and preparation of the goods and products and has received all the legal provisions concerning DELIGOUT products. Defects resulting from defective storage or preparation method or incorrect use by the buyer, etc. cannot engage the responsibility of DELIGOUT. DELIGOUT cannot be held responsible for damages which cannot be attributed to it.
3.4 The contract is concluded without the guarantee provided for by article 1643 C.C.
3.5 A complaint can never be used as a pretext to suspend or delay payment.
4 Prices and payment
4.1 Invoices are payable to MOUSCRON, unless otherwise agreed. Any complaint concerning the invoice must be sent to DELIGOUT under penalty of forfeiture, reasoned and within 8 days of the invoice date.
4.2 In the event of non-payment at maturity, interest runs automatically and without notice at the conventional rate of 12% per year. In the event of non-payment by the due date, any amount due is automatically increased by 15% with a minimum of EUR 150.00, as contractual compensation for extrajudicial costs.
4.3 In the event that an amount due is not paid by the due date, any other amount due by the customer to DELIGOUT for any reason whatsoever is legally due and payable. DELIGOUT then has the right to terminate or suspend any order or the part not yet executed or, if necessary, to request a guarantee.
4.4 The customer is still obliged to pay the remaining amount and expressly waives the right to suspend his payment obligation for reasons of incomplete, defective or late deliveries.
5 Warranty and dissolution
5.1 The goods, goods, materials and / or installations supplied by DELIGOUT remain the property of DELIGOUT until full payment of the agreed price.
5.2 If goods have been loaned to the customer (eg freezer or promotional material), DELIGOUT can immediately terminate the loan agreement without notice and without compensation in the event of default or suspected insolvency. The customer is obliged to immediately and unconditionally deliver the goods.
5.3 If there is any doubt about the solvency or liquidity of the buyer, DELIGOUT can stop deliveries until a sufficient bank guarantee is provided for the unpaid part of the contract amount. This suspension cannot give rise to compensation.
5.4 If the buyer cancels his order for whatever reason, refuses to accept the delivery or makes delivery impossible, the agreement will be legally deemed to have been dissolved to his detriment and he will owe compensation of 35% of the price of the dissolved agreement. This is without prejudice to DELIGOUT's right to prove higher damage.
5.5 In the event of bankruptcy or apparent inability of the buyer, DELIGOUT has the right to unilaterally terminate the agreement.
6 Choice of Law, Jurisdiction and Privacy
6.1 Only Belgian law applies to this agreement. All disputes fall under the exclusive jurisdiction of the courts having jurisdiction where DELIGOUT has its registered office.
6.2 The possible nullity of a clause included in the current general terms and conditions does not entail the nullity of the other articles.
6.3 Your personal data are processed on the one hand in the context of the offer and customer management and on the other hand on the basis of the contractual relationship we have with you. Your data may also be used for direct marketing (to keep you informed about our other services and products) based on our legitimate interest in doing business. If you do not want this, you can notify us by writing to our address.
By writing to our address you can always ask what data we process about you and have it corrected or deleted. If you do not agree with the way in which we process your data, you can contact the Data Protection Authority (Drukpersstraat 35, 1000 Brussels). You can request our policy on data processing from us by letter.