Terms and Conditions
The user of these general terms and conditions of sale and delivery (hereinafter also referred to as “these general terms and conditions”) is OutletBelgium BVBA, with registered office at 2491 Olmen, Schoolstraat 1, its legal successor under universal title and everything associated with OutletBelgium BVBA or these legal successors or affiliates and companies. In these general terms and conditions, “the other party” means any (legal) person registered in the trade register of the Chamber of Commerce in Belgium or in a foreign trade register and who has created a business account with OutletBelgium BVBA and/or with whom OutletBelgium BVBA enters into an agreement or To whom OutletBelgium BVBA makes an offer to provide a service or to deliver goods. Unless expressly agreed otherwise in writing, these General Terms and Conditions are exclusively applicable to our offers and commitments between us and the other party. The applicability of any general purchase and/or other terms and conditions used by the other party, by whatever name, is hereby expressly rejected.
1. OFFERS AND AGREEMENTS
1.1. All offers, offers, prices and conditions provided by us are always without obligation and expire after 30 days.
1.2. Each offer is based on information provided by the other party. The other party guarantees the correctness and completeness of this information.
1.3. Obvious mistakes or errors in the offer are not binding for OutletBelgium BVBA.
1.4. All information provided by OutletBelgium BVBA about sizes, drawings, images, weights, compositions and/or other information about the products has been compiled with care, but OutletBelgium BVBA cannot guarantee that no deviations will occur in this regard. The samples shown or provided are only indications of the products concerned. Deviations in size and/or weight are possible and are accepted by the other party. If the other party proves that the delivered products deviate from the statements of OutletBelgium BVBA or the samples to such an extent that they are no longer obliged to purchase, the other party has the right to dissolve the agreement, but only for that part to which this dissolution applies. reasonable, and not after the other party has given OutletBelgium BVBA notice of default and OutletBelgium BVBA has given OutletBelgium BVBA a period of at least 14 days to remove the reason for the (partial) dissolution.
1.5. All drawings, images, measures and weights provided by us, and all other information that we provide to the other party in the context of the agreement, remain our property and are expressly subject to copyright, model and patent rights, even if costs are involved. to be. charged for. Without our prior express written permission, the other party is not permitted to copy, multiply or make these documents available for inspection or to make them available to third parties.
1.6. Information and advice from us are of a general nature and not binding. The other party is responsible for the implementation of our advice.
1.7. An offer lapses if the product to which the offer relates is no longer available in the meantime.
1.8. Orders and changes thereto are only binding on us if they have been accepted or confirmed by us in writing or if the delivery has started.
1.9. The confirmation of the order by OutletBelgium BVBA is considered correct, unless the other party has objected in writing within 8 days of the date of the order confirmation.
1.10. We are not bound by any agreement or commitment made by our agents or other employees unless such agreement or commitment is confirmed by us in writing.
1.11. Termination and termination of the agreement by the other party is only possible if we agree to this. In that case, the other party is obliged to bear the costs incurred by us for the preparation and partial implementation, as well as to compensate us for the adverse financial consequences of not performing the agreement. These fees together amount to at least 10% of the agreed order value.
1.12. The other party guarantees that all legal provisions with regard to the data to be processed, including those established by or pursuant to the then applicable data protection legislation, are strictly and will be complied with and that all registrations and other formalities required from and the necessary permission from his staff. The other party will immediately provide OutletBelgium BVBA in writing with all requested information.
1.13. The other party indemnifies OutletBelgium BVBA against claims from persons whose personal data are registered or processed in the context of a personal registration maintained by the other party or for which the other party is otherwise responsible under European and/or Belgian law or for the claims of Third Parties, whether or not Based on damages, fines, settlements, proposals for criminal transactions or otherwise, OutletBelgium BVBA will fully indemnify against this.
2. THE AGREEMENT
2.1. Subject to the provisions of Article 2.2, the Agreement is concluded at the time of acceptance by the other party of the offer and the fulfillment of the relevant conditions.
2.2. If the acceptance (whether or not on minor points) deviates from the offer included in the offer, OutletBelgium BVBA is not bound by it. In that case, the agreement will not be concluded in accordance with this deviating principle, unless OutletBelgium BVBA indicates otherwise.
2.3. If the other party has accepted the offer electronically, OutletBelgium BVBA will immediately confirm receipt of the acceptance of the offer electronically.
2.4. OutletBelgium BVBA can check within the legal framework whether the other party can meet its payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If OutletBelgium BVBA on the basis of this investigation has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the execution. OutletBelgium BVBA is at all times entitled to demand advance payment or the provision of securities by the other party.
2.5. Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products and/or services.
2.6. Changes and additions to provisions in an agreement and/or these terms and conditions can only be agreed in writing.
2.7. If an amendment and/or addition has been agreed in accordance with Article 4.7, this amendment or addition will only apply to the relevant agreement.
3.1. Our prices are stated in euros and are exclusive of turnover tax and levies from (semi) government institutions. They apply to deliveries ex works, unless otherwise agreed.
3.2. Unless expressly agreed otherwise, the costs of packaging and shipping, import and export duties and excise duties and any other levies or taxes levied or levied with regard to the Products and their transport, will be borne by the other party.
3.3. Each offer is based on information provided by the other party. The other party guarantees the correctness and completeness of this information.
4. COST INCREASE FACTORS
4.1. Unless expressly agreed otherwise, OutletBelgium BVBA can accept any change in factors that affect the price and costs of OutletBelgium BVBA as referred to in Article 3, including purchase prices, exchange rates, import and export duties and other levies, insurance rates, freight rates and other levies or taxes, which are passed on to the other party, unless a mandatory legal provision excludes this. The delivery date is decisive for the pricing referred to in Article 3. OutletBelgium BVBA can in any case pass on the above price changes if at least 3 months have passed between the agreement and the price increase, without the agreement being dissolved.
4.2. If a counterparty from EU countries buys a product from OutletBelgium BVBA with its business account, VAT will be charged in connection with intra-Community supplies pursuant to Article 138 EU VAT Directive 2006/112/EC.
5. DELIVERY AND RISK
5.1. The delivery of the products will be made in accordance with the provisions on delivery costs and the transfer of risk, in accordance with the usual conditions of international trade or the successive versions in force at the time of the order.
5.2. Unless otherwise agreed, deliveries are made from OutletBelgium BVBA’s place of business and the delivery and transfer of risk of the products always takes place at the place and time at which the products are ready for shipment to the other party.
5.3. The delivery time specified by OutletBelgium BVBA is based on the circumstances applicable to the supplier at the time of the conclusion of the agreement and, if dependent on the performance of third parties, on the data that these third parties provide to OutletBelgium BVBA. An agreed delivery time is not a strict deadline, unless expressly agreed otherwise.
5.4. In the event of a delay in delivery, the other party must notify us of the delay in writing in advance if there is a delay on our part.
5.5. In the event of late delivery, the other party is not entitled to compensation or the option to dissolve or dissolve the agreement, nor can receipt and payment be suspended, unless we have acted with intent or gross negligence on our part, unless the delivery time is such that the the other party cannot reasonably be expected to comply with the relevant part of the agreement. The other party is then entitled to dissolve or dissolve the agreement for that part for which this is strictly necessary, provided that it informs OutletBelgium BVBA of this in writing and without prejudice to the right of OutletBelgium BVBA to purchase the relevant products within 14 days of receipt of the notification. . yet to be delivered to the other party.
5.6. Unless otherwise agreed, the items in the order will be delivered to one address.
6. FORCE MAJEURE
6.1. OutletBelgium BVBA is not obliged to fulfill an obligation towards the other party if this is prevented by a circumstance that is not due to fault and that cannot be attributed to it by law, legal act or generally accepted opinion. In case of force majeure, delivery obligations are suspended. If this period lasts longer than 3 months, each of the parties is entitled to dissolve the agreement. In case of force majeure, the other party is not entitled to (damage) compensation, not even if OutletBelgium BVBA would not have any advantage due to force majeure.
6.2. If at the commencement of the force majeure we have partially fulfilled our obligations or can only partially fulfill our obligations, we are entitled to invoice the part already delivered or to be delivered separately and the other party is obliged to pay this invoice as such. pay as if it were under a separate contract.
6.3. Force majeure factors between the parties include, but are not limited to, fire, theft, acts of war, riots, strikes, occupations, business disruptions, war, severe weather, delay or suspension of supplies of materials or supplies and/or services or other problems during the production by OutletBelgium BVBA or its suppliers, intervention by government or regulatory authorities, legal requirements that impede the use of the goods supplied and, in general, the foreseeing and not providing of a reason beyond our control that would affect the performance of the contract for us more and more difficult.
6.4. OutletBelgium BVBA also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after OutletBelgium BVBA should have fulfilled its obligation.
7.1. Each payment by the other party primarily serves to settle the interest owed by the other party and collection costs incurred by us and subsequently to settle the oldest outstanding claim, even if the other party states that the payment relates to a later invoice.
7.2. Payments must be made to a bank account specified by us no later than thirty (30) days after the invoice date without any discount, suspension or set-off. Corrections that the other party requires due to price and quantity differences will be assessed by OutletBelgium BVBA and credited if necessary. This does not affect the obligation of the other party to pay the amount originally invoiced to OutletBelgium BVBA within the specified term. Objections to the invoice amount do not cancel the payment obligation.
7.3. However, we have the right, at our option, only on condition of prepayment or against security and/or other conditions of the other party, including normal documentary credit conditions such as irrevocable letters or credit, cash against documents of cash against delivery, not which OutletBelgium BVBA does not supplies. With this advance payment, the delivery time starts at the moment that OutletBelgium BVBA has received the payment.
7.4. OutletBelgium BVBA may collectively invoice the other party on the last day of each month for all purchases made in that month. OutletBelgium BVBA is entitled to set a maximum amount for the total amount of the monthly arrears.
8. INTEREST AND COSTS
8.1. The payment terms referred to in Article 7 are deadlines. The other party is therefore in default without notice of default after the agreed payment term.
8.2. From the moment of default until the day of payment in full, the other party owes default interest of 1% per month on the outstanding amount, unless the statutory commercial interest is higher. In that case, the statutory commercial interest is due on the outstanding amount. The interest on the amount due and payable will be calculated from the moment that the other party is in default until the moment of payment of the full amount owed.
8.3. All judicial and extrajudicial costs that we incur, including the costs of legal assistance and costs that are not settled by judgment, are for the account of the other party. The extrajudicial costs amount to at least fifteen percent of the assets, at least € 500 excl. VAT. At our option, the actual costs can also be charged to the other party. The legal costs are based on the actual costs incurred by us.
9. PARTIAL DELIVERIES
9.1. When part of an order is ready, we can, at our option, deliver that part or wait for everything ordered to be ready. Upon delivery of orders in parts in accordance with the above provisions, as well as upon delivery of successive parts of an order on the basis of an agreement, each delivery/delivery applies as a separate agreement, which cannot be accepted after acceptance of the delivered goods by the other party. came back.
10.1. If, for whatever reason, the other party cannot receive the goods at the agreed time and they are ready for shipment, the other party is in default without notice of default. OutletBelgium BVBA is then entitled to store or sell the goods to third parties at the expense and risk of the other party for a maximum of six months, provided that our storage facilities allow this.
10.2. If applicable, the other party is obliged to reimburse the costs of custody and storage in accordance with the standards that can reasonably be applied for the period from the delivery time stated in the agreement until the date of final delivery. The other party continues to owe the purchase price plus interest and costs (as compensation) minus any net proceeds of the sale to that third party.
11. SECURITY, OBLIGATIONS AND RESPECT FOR PROPERTY
11.1. If, in our opinion, there is reason to do so, we are always entitled to require the other party to provide appropriate additional security for the payment of the goods purchased by it. In the absence of such security, we have the right to suspend the execution of the concluded agreement or to dissolve the agreement without judicial intervention by means of a simple written notice of default and, if desired, to request compensation.
11.2. Goods in our possession for the other party shall be deemed to have been pledged for all amounts owed to us by the other party or for any reason whatsoever.
11.3. All goods delivered by us that are with or under the other party or under their owner remain our property until the other party declares our claims in respect of the consideration – including not only the purchase price but also the claims we have as a result of this to to comply with agreements, including our claims with regard to fines, interest and costs – for the delivery or delivery of the goods delivered by us to the other party in the context of the agreement or for payment of the work to be performed or to be performed.
11.4. The other party must always do everything that can reasonably be expected of it to protect the property rights of OutletBelgium BVBA if and when the other party is in conflict with one or more of its obligations or actions in violation of the provisions herein. entitled to reclaim the delivered goods referred to in this article as our property without judicial intervention. The other party gives OutletBelgium BVBA and third parties designated by OutletBelgium BVBA in advance unconditional and revocable permission to enter all places where the properties of OutletBelgium BVBA are located and to take these items back, and the other party will cooperate in this. All costs of repair of the goods delivered subject to retention of title are for the account of the other party.
11.5. As long as the other party has not paid the aforementioned claims, it is not entitled to resell the goods delivered by us and may never be used as a means of payment, nor [eigendomsloos] be encumbered in any other way. This prohibition on alienation, pledging and encumbrance expressly has an ownership effect. It is therefore not possible under property law to transfer, pledge or otherwise encumber goods.
11.6. The Other Party undertakes to explain to third parties who wish to establish such a right thereon that it is not authorized to do so.
11.7. If the other party has fulfilled all its payment obligations under the above claims, we will transfer the ownership of the delivered goods under pledge from us as additional security for any other claim we have against the other party. At our first request, the other party will cooperate with any necessary measures.
11.8. In the event of an application for bankruptcy, application for a (provisional) suspension of payments or if precautionary measures are taken or third parties wish to establish or assert rights with regard to goods of the other party, the other party is obliged to inform us immediately and immediately notify the attached bailiff , administrator or recipient of the property rights of OutletBelgium BVBA.
11.9. If the other party refuses to cooperate with the retrieval of the delivered goods despite a written reminder, the other party will be in default in this regard and will lose a fine of €500 per day, payable immediately if it remains/remains in default.
11.10. The other party is liable to us for all damage to the goods that has arisen before the transfer of ownership in accordance with paragraph 3. Dissolution and recovery do not affect our right to compensation for damage and loss. In that case, any claim from us against the other party is immediately and fully due and payable.
12. WARRANTY AND ADVERTISING
12.1. We guarantee the good quality of the goods delivered by us and guarantee 1 year after delivery that our goods can be used for the purpose for which they were manufactured, that the parts used comply with the standards drawn up for this purpose and in accordance with the standards set in the specifications specified in the agreement. If the other party demonstrates unacceptable deviations, damage, defects and/or other defects, we will, at our option, repair and/or replace the Products found to be defective free of charge or credit them for the value of the Products. Delivery of the goods to us as defective, subject to the following conditions.
12.2. The warranty does not cover defects in the products caused by normal wear and tear, incorrect or careless use and/or damage as a result of circumstances beyond the control of OutletBelgium BVBA, including weather conditions, processing by the other party or the end users, sun and light effects and/ or damage arising during storage or transport by the other party.
12.3. The other party is obliged to check the delivered goods for defects within three (3) days after delivery of the goods and to check whether quality and quantity correspond to what has been agreed and whether deviations are found in any written complaint.
12.4. Complaints with regard to directly observable deviations in the delivered quantities and/or immediately observable defects, non-delivery according to the sample, defects and damage to a shipment received by the other party must be noted on the consignment note, otherwise a right of complaint in this regard will lapse. Complaints about invoices must be received in writing by us within fourteen (14) days after the invoice date, on pain of forfeiture of rights.
12.5. During this time, the other party will handle the products and packaging with care. The other party will only unpack or use the product to the extent necessary to assess whether it wishes to keep the product. The goods to which the complaint relates must be made available to us.
12.6. If a complaint is wholly or partially resolved by us after the aforementioned period has expired, this will be done without obligation, without the other party being able to derive any rights from it.
12.7. We assess the reported complaints. If they are found to be reasonable, we will, to the extent possible, repair or repair the defective products. In the event of repair or replacement of goods, this will be done at our location or, at our request, at the place where the goods are actually located.
12.8. If this is not possible, we will generally supply new products after the defective products are returned.
12.9. If repair, subsequent delivery or subsequent delivery is not possible or this subsequent delivery or subsequent delivery does not correspond to the original specifications, we will credit the equivalent value of the delivered goods. We are in no way obliged to pay more than the value of the goods that we qualify as defective.
12.10. If the complaints turn out to be unfounded, the other party will bear the costs of the investigation by virtue of the obligation to take back the claimed items.
12.11. Complaints do not entitle the other party to suspend payment and settlement is expressly excluded. Complaints with regard to part of the order do not entitle the other party to refuse or refuse the entire order.
12.12. By performing one of the above services, OutletBelgium BVBA is fully relieved of its warranty obligations and OutletBelgium BVBA is not obliged to pay any further (damage) compensation.
13.1. Unless otherwise agreed, returns can only be made in accordance with the return procedure that OutletBelgium BVBA uses.
13.2. A return by the other party is only possible after a prior electronic request for return to firstname.lastname@example.org, stating: article number, color, size and number of items to be returned, as well as the OutletBelgium BVBA order number or the purchase number of the other party and after receipt of the return number assigned by OutletBelgium BVBA on the return request.
13.3. Once the RMA number has been received, the registered items can only be returned to OutletBelgium BVBA in their original, unused and undamaged condition and packaging, stating the assigned RMA number and according to the reasonable and clear return instructions of OutletBelgium BVBA. Unless otherwise agreed, return shipments are at the expense and risk of the other party.
13.4. For items returned within one month of purchase, 100% of the purchase price (excluding shipping costs) will be refunded. After that, there will be a 75% refund for returns within 2 months and a 50% refund for returns within 3 months. Items returned after 3 months will not be refunded.
13.5. Only unused and undamaged items in the original packaging will be accepted. If items need to be repackaged, we charge €1 per item. Fit or size series are only accepted in consultation.
13.6. Because the processing of items that have not been registered according to the return procedure takes longer, we are forced to charge handling costs. We reserve the right to destroy returned products older than 3 months after consultation.
13.7. Returns according to the provisions of 13.1 to 13.6 are possible for standard stock products. Specials cannot be returned on behalf of the other party due to the unique design.
14.1. We are entitled to set off the amounts owed by the other party and the unpaid interest against any sales bonuses and advertising fees promised by us to the other party.
15.1. We are not liable for any direct or indirect damage, regardless of the cause, arising on the part of the other party or third party in connection with goods or services supplied by us, unless the damage is due to intent or gross negligence on the part of on the part of our officers.
15.2. Direct damage is exclusively understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, as well as all reasonable costs incurred to ensure that OutletBelgium BVBA does not properly fulfill the agreement. to the extent attributable to OutletBelgium BVBA and reasonable costs to prevent or limit direct damage in accordance with these General Terms and Conditions.
15.3. Notwithstanding the foregoing, we are never liable for:
Consequential and/or indirect damages such as business interruption and lost profits, losses suffered, savings and other consequential damages.
B damage caused by auxiliary persons;
C Damage to third-party goods.
15.4. If, contrary to the provisions of this article, we are obliged to pay compensation for whatever reason, then for each event (whereby a connected series of events counts as one event) only the amount of the net amount is entitled to compensation. Invoice value of the relevant delivery or, if this amount is higher, the amount of the payment to be made by the insurer in the relevant case.
15.5. If the ratio of the service to be provided by the other party to the extent of the damage caused to the other party gives rise to this, the damage to be compensated by us will be reduced.
15.6. With the exception of gross negligence or intent on the part of OutletBelgium BVBA or its officers, the other party will indemnify us against all claims from third parties for whatever reason with regard to damage, costs or interest with regard to goods and/or services freely supplied as a result of the use of the delivered goods or from or arising from the agreement concluded with the other party.
15.7. We are never liable for the content of the data that have been or will be applied to our products, whether or not they intervene (image, sound or data). OutletBelgium BVBA is not liable for any damage, of whatever nature, caused by OutletBelgium BVBA as a result of incorrect and/or incomplete information provided by or on behalf of the other party.
15.8. All claims against OutletBelgium BVBA become statute-barred 1 year after delivery.
16. SUSPENSION AND DECISION
16.1. If the other party does not fulfill an obligation under an agreement, within the stipulated term or otherwise, does not properly or not timely fulfill the other party, compensation or attachment, (provisional) suspension of payment will be granted to the other party. or has filed for bankruptcy, closure or liquidation of the company of the other party, the other party is in default and OutletBelgium BVBA is entitled, without notice of default or judicial intervention:
16.2. suspend the execution of this Agreement and the agreements directly related thereto until payment has been sufficiently secured; and or
16.3. the other party to terminate this Agreement and all agreements directly related thereto in whole or in part;
16.4. All this without prejudice to the other rights of OutletBelgium BVBA under any agreement with the other party and without OutletBelgium BVBA being obliged to pay any compensation.
16.5. If an event as referred to in Article 16.1 occurs, all claims of OutletBelgium BVBA on the other party are immediately and fully due and payable and OutletBelgium BVBA is entitled to take back the products concerned. In that case, OutletBelgium BVBA and its agents have the right to enter the premises and buildings of the other party in order to take possession of the products. De wederpartij is verplicht de nodige maatregelen te nemen opdat OutletBelgium BVBA haar rechten kan uitoefenen.
17. VARIOUS TOPICS
17.1. In case of uncertainty, the text of the Dutch version of these general terms and conditions in a translated version is decisive.
17.2. If any provision of these Terms and Conditions is void or void, the remaining provisions of these Terms and Conditions will remain in full force and effect and we will consult with the other party to agree on a new provision to replace the void or voided provision, where appropriate, the purpose and intent of the void or voided provision will be taken into account as much as possible.
17.3. We have the right to unilaterally change these General Terms and Conditions. Changes also apply to agreements already concluded. Changes come into effect one month after notification by written notification to the other party, including delivery of the changed terms and conditions. If the Other Party does not wish to accept the amendments to the General Terms and Conditions, it has the right to reject these amendments by registered mail until the amendments take effect. If the other party does not do this, the other party is deemed to have accepted the changes after the effective date.
18. APPLICABLE LAW AND DISPUTES
18.1. The agreement between us and the other party and the obligations arising therefrom is exclusively governed by Belgian law, with the exclusion of the provisions of the Vienna Sales Convention.
18.2. All disputes arising from offers, agreements and other legal relationships between us and the other party will be settled exclusively by the competent court of the District Court of Turnhout.