RECOGNITION OF OUR TERMS
The following delivery, payment and sales conditions apply to our offers, sales and deliveries. The purchase conditions of a buyer are not binding on us, even if we do not expressly contradict them, unless we have expressly confirmed these purchase conditions in writing.
OFFER AND ORDER
Our offers are always without obligation and not binding on us. Orders made by telephone are only binding in this form if they are confirmed by us in writing. Orders are only considered accepted by us when we have confirmed or delivered them. Cancellation of orders accepted by us or return by the buyer of delivered goods can only take place with the prior written consent of our company. In this case, we reserve the right to invoice 10% - increased to 25% in case of customization of the canceled order as compensation for the damage and expenses that this cancellation entails. This provision also applies in the event of partial cancellation.
Statements of delivery times are only approximate and only commit us to observe them as strictly as possible. The delivery time for each order is only given as an indication without guarantee of delivery on the specified date. No order can be canceled unilaterally due to the expiry of the delivery period. If no specific delivery arrangements have been made in a separate agreement, all ordered goods and materials will be delivered in accordance with Ex Works (Seller's warehouse). These goods and materials are accepted at the place of delivery and risk of loss or damage passes to Customer upon delivery (notwithstanding any retention of title). In any case, all freight transport costs shall be borne by the Customer, even if it has been agreed that the Seller arranges, organizes or is otherwise involved in the transport. The Customer guarantees that all precautions have been taken and all conditions have been met to receive the goods at the time stated by Confiserie Nilona BV. All damage or costs that are caused in the absence of this will remain exclusively at the expense of the Customer.
The cessation of delivery by companies that provide us with raw materials or manufacturing due to war, strikes, force majeure and other unforeseen events release us from the obligation to deliver for the duration of the disturbances and in full of the effects and consequences of these disturbances. These events give us the right to cancel the agreement without the buyer being able to claim any compensation.
All complaints, in particular regarding quantity, quality and conformity, must be notified to us in writing immediately in order to be valid and at the latest within eight days of receipt of the goods. In the event of a complaint within the stipulated period, we are free to make a replacement delivery or to take back the goods without compensation.
Our prices are for cash payment, without discount upon receipt of the invoice, unless otherwise stated in writing.
Our prices are calculated on the transport rates, customs duties and costs of import and export costs, insurance premium, etc... which are in force at the time of conclusion of the purchase. Any increase in those factors, and all additional taxes, etc., which encumber the merchandise before its arrival at its destination and which occur after the conclusion of the sale, shall be borne by the purchaser. In the event of non-payment of the invoice, we are entitled to terminate all current contracts.
Our invoices are payable to our registered office in 2880 Mariekerke or to our bank account.
In the event of non-payment on the due date, late payment interest of 1% per month will be payable on the invoice amount.
In the event of total or partial non-payment of the debt on the due date without serious reasons, the debt balance will be increased by 18%, after a futile notice of default. In the event of non-payment of the invoice, the client owes 20% of the invoice amount in addition to late interest and as a penalty clause, with a minimum of EUR 125. The costs for protest or return of discharges for collection will be charged.
RETENTION OF TITLE
All delivered goods remain our property until full payment of everything due to us under the agreement, including claims arising only in the future. If the buyer defaults on payment or if our claim is at risk, we are entitled to assert our title to the goods against the buyer as well as against a third party, in particular we can return the goods desire, without having to take legal action. When the goods are returned, our costs and loss of value will be deducted.
All shipped goods travel at the risk and peril of the buyer, even if the shipment is carriage paid.
The Courts of the Antwerp Judicial District are exclusively competent for all disputes between the contracting parties. Disputes in connection with deliveries abroad are exclusively adjudicated by the Belgian Courts and in particular the Courts of the Judicial District of Brugge, Belgian law exclusively governs all obligations entered into between our company and third parties.