Terms & Conditions
These General Sales Terms and Conditions are applicable to all orders placed by the buyer with the seller and to all our sales contracts, including all ancillary services.
These General Sales Terms and Conditions exclude, in the absence of written acceptance by the seller, all the general and specific conditions of purchase of the buyer.
No derogation from these General Sales Terms and Conditions will be accepted without the seller’s written confirmation. Any order will be accepted by the seller only by written confirmation thereof to the buyer or by the actual delivery of the products.
Unless proven otherwise, the buyer acknowledges having received a copy of these General Sales Terms and Conditions.
2. Prices and payments
Unless otherwise stated, our prices are excluding VAT.
The sale price is the price indicated on our rates in force on the day of the conclusion of the sale or the placing of the order. Unless expressly agreed, a deposit of 20% of the value of any order is required when placing it.
With a view to payment for the products sold, the seller reserves the right to require the constitution, at his choice, of additional guarantees, such as in particular, payment by draft, delivery of a certified check, or the constitution of a bank guarantee.
Unless otherwise stipulated, all our invoices are payable in euros, at the seller’s head office, in cash and without discount. Any complaint relating to the invoice must be notified to the seller, at the latest within 15 days of its receipt, failing which it will not be taken into account.
In case of non-payment of any invoice by the due date, the buyer will be liable to the seller, ipso jure, and without prior notice, interest in the amount of the following rate:
– 5% if the buyer is not acting for professional purposes;
– 10% if the buyer acts for professional purposes.
Any invoice unpaid on the due date will result in the payment, as of right and without notice, of a lump sum indemnity of a total amount of 10% of the sum in principal, interest and costs, with a minimum amount of € 75.00.
In the event of judicial recovery of any invoice, the buyer will also be liable for professional collection costs, such as legal fees and internal management costs which exceed the amount of this lump sum indemnity.
In addition, the seller reserves the right, in this case, to suspend the execution of other orders in progress, until full payment of the amounts due.
Our products are delivered to the buyer, to the seller’s head office or operating headquarters.
Consequently, the buyer bears the transport and the risks relating to the product, from their taking possession and, failing this, as soon as these are made available to him.
In the event that the buyer designates another place of delivery, collection and, if applicable, storage of the products will be carried out at his risk and expense.
Delivery times are indicative.
No delay in delivery may give rise to the termination by the buyer of the sales contract or the payment of damages from the seller.
In addition, the seller has the right to refuse to sell his products according to the availability and sufficiency of his stocks, or for any other legitimate reason, and retains the right to make partial deliveries.
4. Retention of title
The delivered products remain the property of the seller until full payment of the price, including interest on arrears and any compensation.
In the absence of payment of the price at maturity, the seller has the right to take back the products at the buyer’s expense; until full payment for these products, the buyer can neither resell them nor pledge them without the seller’s prior written consent.
The buyer agrees to notify the seller of any seizure made by a third party on the products sold for which the price is not fully paid. Likewise, the buyer agrees to immediately inform the seller in the event that the delivered and unpaid products are found in places rented by the buyer.
5.1. Buyer acting for professional purposes
Any denunciation of an apparent defect or a lack of conformity affecting the products delivered must be notified to the seller within 7 days of the delivery of the products.
The reception of the products by the buyer or his agents has the effect of covering any apparent defect which could be noted at the time of delivery.
Any denunciation of a hidden defect in the products delivered must be notified to the seller within 15 days of the discovery of these defects by the buyer or from the time when he could reasonably have discovered them.
Any legal action relating to hidden defects must be brought within 30 days of the discovery of the defects by the buyer, or from the time when he could reasonably have discovered them, or from the day of failure talks, with a view to an amicable settlement.
No product can be returned to the seller, except with his prior written agreement.
During a period of one year from the delivery of the products, the seller’s warranty is exclusively limited to either the repair or replacement of defective products, or the return or reduction of the invoice price, without any other compensation. In addition, the seller’s liability is excluded in the event of damage caused jointly by a defect in the products delivered and by the fault of the victim or a person for whom the victim is responsible.
The warranty expires after this 1 year period.
5.2. Buyer acting for non-professional purposes
The buyer has legal rights drawn from the Code of Economic Law, which are not affected by this warranty. The warranty is limited to one year for second-hand products.
6. Contractual termination and non-performance of the seller
In the event of the unilateral termination of any sale by the buyer, the latter is liable to the seller, as compensation for withdrawal, of an amount equal to 10% of the value excluding VAT of the sale price.
Each party will have the right, after a formal notice which has been unsuccessful for 15 days, to automatically terminate the agreement in the event that the other party remains in default in performing all or part of its obligations.
Except in cases of force majeure, and without prejudice to the preceding paragraph, in the event that the seller remains in default to perform any obligation of the agreement causing damage to a buyer acting for non-professional purposes, the seller will, after receipt of a formal notice to which he did not respond for 15 days, liable to the buyer for compensation equal to 10% of the amount of the value excluding VAT of the order.
7. Force majeure
The occurrence of any event, such as in particular, all interruptions of production, transport or deliveries, strikes, lockout, embargo, wars, terrorist attacks or consequences of attacks, insufficient raw materials, epidemics, bad weather and more generally any event of a similar nature affecting the parties or their suppliers and delaying or rendering impossible the execution of their respective obligations, suspend the execution of their respective obligations.
The party invoking such an event will notify the other party, as soon as possible, of the proof of its occurrence.
The performance of its obligations will be suspended until the notification of the end of the event, it being understood that neither party may claim any compensation from the other party.
The parties will make every effort to reduce the difficulties and / or damage caused.
If the force majeure lasts more than 60 days, the parties will do everything to renegotiate the subsequent performance of the sales contract.
Failing agreement, each party will have the right to terminate it by notification to the other party.
8. Subcontracting and assignment
The seller may subcontract all or part of the performance of his obligations to a third party, without the buyer’s prior written consent.
9. Personal data
VOCSens S.P.R.L. complies with data protection regulations. These are used only for purposes related to the contractual relationship (delivery, invoicing, file monitoring) and kept for the time necessary to comply with accounting and tax obligations. They are not communicated to third parties. You have a right of access, rectification, erasure and opposition to the processing of your data. You have the right to lodge a complaint with the competent authorities in the event of non- compliance with the Regulations. Any request related to this issue can usefully be sent to email@example.com.
10. Applicable law and jurisdiction
These general conditions are governed by Belgian law, even in the event of a warranty claim.
Any dispute relating to the formation, execution, interpretation of these general conditions of sale as well as to all conventions to which they apply and which cannot be resolved amicably, is subject to the exclusive jurisdiction of the courts from Nivelles.