GENERAL TERMS AND CONDITIONS
Our general terms and conditions take priority over those of the principal or customer, except where we have explicitly accepted such terms and conditions. Any nullity or invalidity of one of these terms and conditions shall not result in the invalidity of the other conditions of the agreement.
- The orders received via representatives/agents and the commitments made by them shall only be valid following written confirmation by a competent person able to make a binding commitment on behalf of Verbeemen D.S. nv.
Any cancellation of an order must be in writing and by registered mail. It shall only be valid once it has been accepted by Verbeemen D.S. nv in writing. In the event of a cancellation, the customer shall be liable for payment of a lump-sum fee amounting to 10% of the order. This fee shall cover the fixed and variable costs as well as any loss of profit.
- Any prices quoted, either verbally or in writing, shall be non-binding and only valid for a maximum of 5 working days. Price lists only provide approximations of the measurements, weights and quantities. ThusVerbeemen D.S. nv reserves the right to test the measures, weights and quantities against the actual circumstances of effective production of the materials and to invoice the actual materials used. Under no circumstances shall Verbeemen D.S. nv. be liable for any consequences that may result from the incorrect provision of dimensions and measurements by the customer.
- Any order received and logged shall be executed without commitment to a delivery date. All conditions concerning a delivery date are regarded as merely indicative. Notwithstanding any stipulation to the contrary, late delivery may not result in refusal, nor in a claim for damages.
- If raw material prices and/or wage costs (wages and social security) increase while an order is being executed), our prices may be adjusted.
- During the execution of orders logged by us, we reserve the right to claim any payment guarantee we regard as necessary. A refusal to fulfil this condition shall enable us to refuse execution of all or part of an order and to claim damages.
- All taxes shall be for the account of the customer
- Delivery shall take place on the premises of Verbeemen D.S. nv. Goods are sent at the cost and risk of the recipient, even when delivered by us. Freight costs will always be charged. The goods delivered shall remain the property of Verbeemen D.S. nv until full payment of the principal sum, costs and interest has been made. In the event of damage for whatever cause, delays, loss (partial or whole) or theft, the recipient shall contact the transport company (railway, transport services, etc.) without being entitled to refuse or delay payment.
- The warranty for proper functioning of our material only includes the replacement or repair of the items found to be faulty, with the exclusion of any claim for direct or indirect damages. The warranty shall not apply unless the payment conditions have been strictly adhered to. In the event of non-compliant delivery as a result of an error, poor finishing, etc., the supplier shall not incur any liability except the reimbursement or partial reimbursement of the price of the non-compliant part of the sale. The supplier hereby rejects any further liability. Material faults that were hidden from the supplier shall not affect his liability and cannot result in any claim for damages.
- To be valid, any complaint must be made in writing by registered mail within a period of eight working days, counting from the delivery date. If no complaint has been received within this period of eight days, it shall be deemed that the customer has fully and wholly accepted the material delivered. The partial use of the material delivered shall also result in acceptance of the whole.
- Invoices shall be payable in cash without discounts (unless there is a written agreement to this effect). Verbeemen D.S. nv reserves the right to outsource the collection of debts both in court and out of court to a third party. In the event of non-payment on the due date, interest shall be charged at the legal rate (i.e. the Act governing payment delays for commercial transactions) from the due date of the invoice, without any prior notice of default. If a payment reminder is issued without charging interest, this may not be regarded as a waiver of the right to collect such interest.
Any month that has started shall be regarded as a full month.
In addition, a lump-sum amount corresponding to 10% of the unpaid amount, but no less than €125, shall be charged without prior notice of default.
The costs of issuing a summons, court costs and any costs incurred by Verbeemen D.S. nv in the recovery of any amounts owing to the company by legal means shall also be for the account of the customer.
- Our invoices shall be payable in Heist-op-den-Berg; bills shall not be exempt from this rule. The payment of an invoice does not mean that previous invoices have been paid.
- Any delivery that is ready and that has not been received by the intended recipient within thirty days after provision at our warehouses shall give rise to a claim for immediate payment on our part. In this case we shall no longer be responsible for the goods.
- Any events of force majeure shall result in a settlement to our benefit. Such events shall exempt us from all responsibility and shall permit us to refuse or suspend further execution of the order, without the buyer having any recourse to compensation.
- These general terms and conditions do not exclude the possibility of exercising our rights in cases not provided for here.
- When issuing their orders, customers shall automatically accept our terms and conditions.
- Our sales conditions also apply to foreign customers.
- Any equipment designed by Verbeemen D.S. nv and paid for by the customer is to be exclusively used for the orders placed by this customer, cannot be claimed by the customer and remains in our possession. Given the statutory regulations concerning artistic and industrial property and unfair competition, all models and sketches designed by Verbeemen D.S. nv, whatever the technology used, shall remain the company’s exclusive property and may not be copied. Copying them in whatever form and using whatever procedure shall constitute an act of counterfeit or unfair competition whenever it takes place without prior consent of the proprietors.
- Any order below the value of €500 shall incur an administrative fee of €20.
- In the event of a dispute, only Belgian law shall apply and the competent court shall be the Mechelen Court.
- General conditions for processing of personal data.
In order to prevent unauthorised access to the personal data collected within this context, in as far as this is possible, Verbeemen D.S. nv. has instituted safeguarding and organisational procedures as well as procedures for the collection of these data and their storage.
These procedures are equally applicable to all processing companies of which Verbeemen D.S. nv may make use.
You have the right to correction of the personal data referred to above, as well as the right to be forgotten, to data transferability and to institute objections, as well as the right not to be profiled and to receive notice of any data security breaches.
To exercise your rights regarding any other personal data, you may contact: firstname.lastname@example.org.
By placing an order via an e-mail address, the relevant party declares having taken note of the aforementioned and consents to data processing by Verbeemen D.S. nv.
You may submit a complaint to the Data Protection Authorities about the processing of personal data by Verbeemen D.S. nv: Commission for the protection of privacy, Drukpersstraat 35, 1000 Brussels, Tel +32 (0)2 274 48 00, E-mail : email@example.com