General Terms and Conditions
1.General information | These general terms and conditions apply to all offers, quotations and deliveries of goods of the BV Flanders Brush Makers, with registered office at Ambachtenstraat 44, 8870 Izegem, registered in the Register of Legal Persons under number 0423.493.882 (hereinafter referred to as Flanders Brush Makers). A ‘customer’ is any natural person or legal entity acting in the exercise of its professional activity or business and concluding a contract with Flanders Brush Makers.
2. Applicability | Each order constitutes acceptance of the general terms and conditions by the customer. The customer acknowledges that he has had a reasonable opportunity to familiarise himself with the content of these general terms and conditions prior to the conclusion of the contract. Deviations shall only be valid if they have been expressly agreed in writing and cannot be regarded as a definitive change to these terms and conditions. The possible legal nullity of one or more of these general terms and conditions shall not affect the legal validity of the remaining provisions..
3. Offers | All offers are, unless otherwise stipulated, without obligation. Agreements only come into effect after written confirmation by Flanders Brush Makers.
4. Prices | All prices are in euro and exclusive of VAT and other levies, unless otherwise indicated. For customer-consumers, the price shall be quoted inclusive of VAT.
All taxes, duties and/or levies relating to the delivered goods or their transport, including new taxes, duties and levies introduced after the conclusion of the contract, shall be borne by the customer.
An advance payment may be requested, in such case it will be so included in the offer. Payment of advance invoices remains final and can never be reclaimed by the customer.
Flanders Brush Makers reserves the right to unilaterally adjust the prices (i) in case of changes to the information or data provided by the customer, or in case this information would turn out to be wrong or incomplete, (ii) in case the price of goods purchased by Flanders Brush Makers from third parties would be increased or such goods would be (temporarily) unavailable from the usual suppliers and/or (iii) in the event of an increase in salary costs, social security charges, taxes, the price of raw materials, materials, transport costs or energy prices in case of own production, whereby the price increase will be in reasonable proportion and will take into account the occurring price increases..
5. Terms of payment | Invoices are always payable at the registered office of Flanders Brush Makers within 30 calendar days of the invoice date, unless explicitly stipulated otherwise.
In case of late payment an interest of 1% per started month is due by right and without prior notice. Furthermore, in the event the invoice remains unpaid in full or in part on the due date without valid reason, Flanders Brush Makers has the right, without a notice of default, to claim a fixed compensation of 10% of the amount still due, with a minimum of EUR 250.00. Without prejudice to Flanders Brush Makers' right to claim a higher (additional) compensation if the damage suffered is proven.
In case of non-payment of an invoice on the due date, all other claims on the customer not yet due become claimable by right and without prior notice of default. In that case Flanders Brush Makers also reserves the right to suspend the execution of all current orders, and this without prior notice of default and without compensation.
In the relationship between Flanders Brush Makers and a customer-consumer, the defaulting party will, in case of non-payment under the conditions stipulated in articles XIX.2 - XIX.4 of the Code of Economic Law (abbreviated ‘WER’), be obliged to pay an interest on arrears as maximum allowed in article XIX.4 1° WER and a fixed compensation as maximum allowed in XIX.4 2° WER
6. Cancellation | The cancellation of an order by the customer is only valid with the written agreement of Flanders Brush Makers and subject to payment by the customer of a fixed compensation of 30% of the total sales price.
7. Delivery | The delivery date is only given as an indication and does not bind Flanders Brush Makers. Delays in delivery do not entitle the buyer to compensation or price reduction, nor to annul the agreement.
8. Transfer of risk and ownership | The transfer of delivery and risk takes place in the warehouses of Flanders Brush Makers. From that moment all costs and risks concerning the goods are entirely for the customer, even if Flanders Brush Makers takes care of the transport. Ownership of the delivered goods is only transferred at the time of full payment. If the customer has to collect the goods himself and fails to do so, the goods will be stored at the customer's risk and expense.
9. Defects | The customer must immediately subject the goods to a normally attentive inspection upon delivery or collection. The signing of the packing slip or waybill by the customer covers all visible defects and the conformity of the delivered goods with the order, both in terms of quality and quantity. The use of the goods is also equivalent to an acceptance of the goods delivered by Flanders Brush Makers. Any hidden defects must be reported in writing by the customer within two weeks of their discovery on penalty of the liability of Flanders Brush Makers. After two years after delivery, Flanders Brush Makers can no longer be held liable for hidden defects. Under no circumstances can complaints due to visible or hidden defects give the customer the right to suspend or postpone payment.
10. Liability | The liability by the non-fulfilment of the obligations of Flanders Brush Makers results from an obligation of means. Flanders Brush Makers can only be held liable for direct damage suffered by the customer, which is causally related to a proven shortcoming of Flanders Brush Makers. Flanders Brush Makers can never be held liable for any consequential or indirect damage. The liability of Flanders Brush Makers is in any case limited to a maximum of the value of the agreement concerned, excluding VAT and costs. Flanders Brush Makers cannot be held liable for any indirect damage suffered by the customer as a result of the non-fulfilment of the agreement. Any claim for compensation expires if the claim was not made known to Flanders Brush Makers in writing within 14 days after the damage was established. The recovery of damages caused by the non-fulfilment of a contractual obligation by the directors, employees of Flanders Brush Makers or independent service providers with whom Flanders Brush Makers has entered into a service agreement shall, within the legal limits, only give rise to a contractual liability claim against Flanders Brush Makers. No extra-contractual liability claim can be brought against the directors, employees of Flanders Brush Makers or independent service providers with whom Flanders Brush Makers has entered into a service agreement, even if the cause of the damage can be considered a wrongful act.
11. Force majeure | In case of force majeure, the execution of the agreement will be suspended as long as the situation of force majeure makes execution impossible for Flanders Brush Makers, without prejudice to the authority of Flanders Brush Makers to terminate the agreement without judicial intervention. Force majeure does not entitle the customer to either dissolution, compensation or termination. Force majeure includes pandemics, epidemics, strikes, fire or any other event as a result of which compliance with the agreement can no longer reasonably be required of Flanders Brush Makers.
12. Jurisdiction and applicable law | The agreements are concluded in Izegem and are subject to Belgian law. The parties shall attempt to settle any dispute amicably. If no amicable settlement can be reached, the courts and tribunals of the district of the seat of Flanders Brush Makers, have the exclusive competence to settle the dispute.