General conditions of sale
General conditions of sale
1. Unless otherwise agreed in writing, all present and future contracts between Eurobis and the customer are subject to the general terms and conditions of sale as defined below, even if they are not mentioned on subsequent contract documents and even if they deviate from previous general terms and conditions of sale. The customer accepts these terms and conditions by the mere fact of receiving them following an order. The customer's general terms and conditions are excluded, even if they are communicated after notification of these general terms and conditions of sale.
2. The sales prices quoted to retailers and consumers are recommended prices.
3. Quotations are non-binding, without any commitment, and they remain valid for fifteen (15) days from the date of their preparation, subject to subsequent modification of the selling price. Orders taken by our representatives only bind us insofar as they are accepted by us. Orders placed on the Eurobis webshop are accepted only subject to stock of the goods ordered, even if such orders have already been paid for.
4. Contributions, charges, taxes, levies which, even after the conclusion of the contract, are imposed by or pursuant to law and are recoverable from the customer or relate to the delivery to the customer, shall be borne by the customer. Specific agreements regarding delivery that are made after the conclusion of the contract, such as delivery with tail lift, delivery by telephone agreement, delivery between certain hours or in the morning or afternoon, are charged extra and are thus in addition to the price determined in the web shop.
5. As from the order of the merchandise by the customer, the latter bears all risks, including cases of force majeure and destruction. Storage of goods pending delivery or collection is at the customer's risk. Goods are shipped at the customer's expense and risk.
6. The delivery times stated or assumed by us are indicative only. Delays in delivery can never give rise to cancellation of the order, refusal of delivery or any form of compensation, even if the deadline was expressly agreed upon.
7. The customer agrees with the expiration dates mentioned on the packaging when purchasing at our point of sale or mentioned on our b2b webshop with the stock items.
8. The purchaser becomes the owner of the merchandise delivered by Eurobis when he has fulfilled all payment obligations towards Eurobis, including those resulting from other transactions. The buyer acknowledges that this clause of retention of title was brought to his attention and accepted by him before the delivery of the merchandise. Before the transfer of ownership to the purchaser, Eurobis shall at all times be entitled to enter the purchaser's premises to inspect the goods it has delivered and to repossess and relocate those goods.
9. Our prices are calculated "ex works". Upon each delivery and before signing for receipt, the customer must verify that all goods listed on invoice or shipping note have been delivered. Any shortage or damage must be indicated immediately on the copy of the invoice or shipping note and all subsequent complaints will be rejected. If the shipment is made by rail or through a freight carrier, the condition of the packaging shall be checked and any shortage found shall be indicated on the bill of lading or other shipping document.
10. Without any obligation on our part, the undamaged empty goods shall be taken back at the price invoiced. The amount of the returned packaging will be settled by bank transfer.
11. No complaint releases the customer from his payment obligations. Unless otherwise agreed, our invoices are payable net cash without discount at our registered office. Any protest concerning an invoice must, under penalty of forfeiture of the customer's rights, reach us by registered letter, stating reasons, at the latest fourteen days after the invoice date. Such protest does not suspend the customer's obligation to pay. All invoices shall become immediately due and payable and any ease of payment shall lapse if (a) the customer's creditors come into concurrence or (b) the customer is the subject of insolvency proceedings or files for insolvency proceedings itself, or (c) the customer fails to meet its payment obligations to Eurobis in a timely manner.
12. In the event that the term of payment is not met, Eurobis shall be entitled, ipso jure and without notice, to the payment of interest in accordance with Article 5 of the Law of August 2, 2002 on combating late payment in commercial transactions. Eurobis is also entitled to remind the invoice and to charge an additional fixed fee each time for this purpose. Eurobis is entitled, ipso jure and without prior notice of default, to a compensation of 12% of the unpaid invoice(s), with a minimum of 125 EUR by way of a fixed compensation clause, without prejudice to the right to compensation for legal costs and collection costs incurred due to late payment.
13. In case of late payment, we reserve the right to cancel the contract without prior registered notice and by operation of law at the expense of the customer, or to suspend the delivery of the goods. In case of cancellation or dissolution of the agreement at the charge of or by the customer, for whatever reason, the customer shall owe a fixed compensation amounting to 10% of the order.
14. Our benefits are granted only on condition of the punctual performance of the obligations incumbent on the customer.
15. The use of our packaging, P.O.S. material and racks is strictly limited to the products of our brands. Whoever uses these objects for articles of other brands which would mislead the consumer, commits commercial fraud and exposes himself to prosecution.
16. As security for payment of the outstanding balance of its invoice(s), the customer pledges, in favor of Eurobis, (i) all present and future claims on third parties, of whatever nature, and therefore not limited to commercial claims, (ii) the delivered goods to which the unpaid invoice(s) relate, (iii) all movable tangible and intangible goods belonging to the property of the defaulting customer on the date of registration thereof in the register of pledges, as well as (iv) all movable tangible and intangible goods that will belong to the property of the defaulting customer just prior to any opening of insolvency proceedings granted to the debtor.
17. Eurobis can only be held liable in the event of gross error, gross negligence or intent on the part of Eurobis. The liability is in any case limited to compensation for foreseeable, direct and personal damages, and Eurobis can in no case be held liable for indirect or consequential damages. In any case, the liability of Eurobis is limited to the limits of the insurance policy, and in the case of uninsured damages, the liability is limited to the amount of the invoice. In case of defective goods, the liability of Eurobis is in any case limited to the delivery of replacement goods or to the commercial value of the goods delivered, to the exclusion of any other responsibility. Under no circumstances can Eurobis be held liable for damage in the event of delivery by a carrier engaged by the customer or when the goods to be transported have not been prepared for transport by Eurobis.
18. Any case of force majeure or fortuitous event releases Eurobis legally from any commitment, without our co-contractor being able to claim damages. In case Eurobis depends, for the fulfilment of its obligations, on deliveries by a third party company, for example, these provisions are also applicable in case of force majeure or unforeseeable circumstances with this third party, when the fulfilment of our obligations would be delayed or prevented by this. The following situations, among others, are considered force majeure: accidents, material break-down, exceptional weather conditions, fire, strikes, lock-out, theft, illness, pandemic and exceptional traffic congestion.
19. All agreements concluded with Eurobis are subject to Belgian law. All disputes arising from these general terms and conditions as well as from any other agreement concluded between Eurobis and the customer fall within the exclusive jurisdiction of the courts with jurisdiction in Kortrijk. Eurobis is also entitled to bring any dispute before the courts with jurisdiction at the place of the customer's registered office.
