General terms & conditions

Effenso bvba

Registered office:
Meulebekesteenweg 47, B-8720 Dentergem
Tel +32 499 29 57 04
Fax +32 9 388 74 54
[email protected]

Stock:
Moerbosstraat 30a
B-8793 Sint-Eloois-Vijve (Waregem)
Tel +32 56 60 85 38
[email protected]

VAT BE 0894.230.429

These terms and conditions form an integral part of the Agreement and exclude the customer’s own terms and conditions. These may only be deviated from when agreed in writing. The customer explicitly acknowledges that they have read these terms and conditions and fully accept these terms and conditions without reservation.

1. [optional] An order, including any order booked by our agents or representatives, is only binding when it is explicitly accepted by us in writing.

All cancellations of orders must occur in writing. If the buyer cancels the order, the seller is entitled to retain requested deposits.

2. The goods delivered remain the property of the seller until full payment is received for the principal, interest and applicable charges. Risk transfers to the buyer upon entering the agreement.

[option 1:] The buyer must pick up the goods from the seller within a period of ... calendar days. Unless otherwise agreed, if the buyer does not pick up the goods, a reminder will be sent to the buyer. If the buyer of the goods does not pick up the goods within the period indicated in the reminder, the seller is entitled to sell the goods to a third party or to demand payment of the entire amount for the goods. Any costs that the seller has incurred in the meantime (storage costs, costs to sustain the transaction ...) are charged on to the buyer. The costs for transport, delivery and insurance shall be borne by the buyer.

The delivery of the goods shall occur within 10 calendar days, unless the goods are on demand or not available in stock. The shipment costs are included in the total price listed in the order.

The buyer must ensure that the goods can be delivered and installed by the seller in a normal manner at the agreed place and time, and thus ensure amongst other things that the place of delivery is accessible. If these conditions are not met, the buyer is required to compensate the seller for all damages, including waiting time, to reimburse storage costs and costs for the preservation of the case. If the buyer of the goods unfairly refuses a delivery, the seller is entitled to sell the goods to a third party without prejudice to any compensation for damages.

3. The buyer shall immediately check goods upon delivery. Any deficiencies must be reported as soon as possible and at the latest 5 calendar days after delivery by sending a registered letter to the seller. After this period, the seller is only liable for hidden deficiencies that make the goods unusable for the intended purpose insofar in the meantime the goods are not processed in some way and insofar the seller knew or should have known about the deficiencies. The buyer shall notify the seller at the latest within the 5 calendar days of the existence of the hidden deficiency by sending a registered letter.

Important: goods cannot be stored in the sun, the heat in the packaging can be the cause of deformation, so storage only in cool and dark places.

4. Unless explicitly written in another agreement, the invoice is payable in cash / payable within 30 calendar days of the invoice date – check for payment options! In the event of non-payment of the entire price or partial price, the outstanding amount owed ipso jure shall be, without the requirement of notice of default, increased by an annual interest rate of 12% and a flat-rate compensation of 10% with a minimum of ... EUR. Each default of payment makes all outstanding invoices due and payable and entitles the seller, after notice of default, to cancel any future deliveries or terminate the agreement without prejudice to the right to compensation.
5. When one of the parties fails to fulfil its contractual obligations, the other party is entitled, after notice of default, to suspend or terminate the agreement without judicial intervention, if no useful action is taken within eight work days of the notice of default, without prejudice to the right to compensation.
6. Parties acknowledge that the invalidation of a clause in the agreement does not invalidate the entire agreement. In this case, the parties bound by the agreement undertake to replace the invalid clause with a valid clause that agrees as closely as possible with the original intent of the parties.
7. All of our agreements are governed by Belgian law. Any disputes that arise within the scope of this agreement may only be brought before the district courts of ...

* this period must be reasonable: for less extensive services, an inspection period of seven calendar days is sufficient, whereas for more comprehensive services, you must provide a longer inspection period depending on the services you provide. The period is deemed reasonable when a normally prudent person should be able to make the necessary inspection and to complete any tests within this period.