General terms and conditions (D150423)
1. Scope / Definitions:
1.1. The current General Terms and Conditions apply to all quotes, orders and sales agreements in which flightcase-brico.be is the seller. Both the seller and the buyer hereby accept said terms and conditions.
1.2. The following concepts shall be understood to mean:
•Seller: Belgian company with the name “flightcase-brico.be”. With VAT number BE0884554282. Address: Geraardsbergsestraat 62, 9660 Brakel, Belgium. Said company makes use of the following websites to sell its products: www.flightcase-brico.be, www.flightcase-brico.fr, www.flightcase-brico.com, and others.
•Buyer or customer: Each natural person or legal entity who places an order for goods or services with the seller or on whose behalf or for whose account such an order is placed.
•Force majeure: Any external circumstance which constrains the seller’s execution of the agreement outside his own will.
2. Quotes / Agreements:
2.1. Any quotes from the seller shall be without obligation and shall at all times occur in writing, primarily through the website and by way of emails, but potentially also through brochures and other paper channels of communication.
The seller may at any time adjust his prices and specifications. Prices are indicated in euro, excluding 21% VAT, unless specified otherwise. Shipping charges payable by the buyer shall be clearly indicated on the order confirmation. All individual and written quotes shall in principle be valid for 30 days from the date of said quote, unless indicated otherwise.
2.2. An order from the buyer is created at the moment the seller receives an order form. The sales agreement is created at the moment the seller sends the buyer an order confirmation. Both the seller and the buyer hereby recognise that the agreement shall be binding on them without the same requiring any signature.
2.3. The goods on offer are principally always in stock in normal quantities, unless indicated otherwise. However, the seller shall not be liable for the temporary and exceptional lack of certain goods. Orders for such goods shall be delivered once said goods are available again in accordance with any appropriate arrangements between the seller and the buyer.
2.4. The seller shall have the right to refuse any orders or to subject the same to particular conditions. Any decisions in said respect must be sent expressly to the buyer in writing within 8 days after receipt of his order.
2.5. Orders via the internet shall only be possible from a total order amount of 35 EUR, excl. VAT and shipping charges. Said minimum shall not apply for collections at the warehouse.
2.6. Customers - consumers (i.e. end users without VAT number) – who wish to have their goods delivered, shall be permitted to cancel any orders up to 14 days after delivery, counting from the day after said delivery. This means that, if necessary, the buyer may send any goods he received back to the seller at his own expense without stating grounds or reasons, on condition that said goods are adequately packaged. If the order thus returned is complete and undamaged, the purchasing price (excl. the actual shipping charges) shall be paid back to the buyer within 30 days.
3. Payment:
3.1. As a rule, all payments must be done either by Ogone or by bank transfer into the account indicated by the seller (and must indicate the name of the buyer and the order number). The goods are shipped once full payment is received.
3.2. Goods collected at the seller’s warehouse not paid for in advance in accordance with item 3.1 above, must be paid in cash. Bank transfers for such goods must always be made on time, so that the seller can verify whether payment has been made when the buyer comes to collect the goods.
3.3. If the seller and the buyer nevertheless expressly and exceptionally agree in writing on payment at a later time (if applicable with additional conditions) and if said payment is delayed, the outstanding balance shall automatically and without reminder be increased by 10% and this with a flat minimum of 10 EUR by way of compensation for damages. 1% late payment interest for each commenced month’s delay shall equally apply, without prejudice to the seller’s right to demand payment for the actual recovery costs incurred.
Furthermore, the seller may suspend or terminate any other existing sales agreements with the buyer in the event of such delays.
4. Delivery / Goods:
4.1. With reservation to the collection of goods by the buyer (see article 3.2 above), the goods are delivered to the buyer at the address indicated on the order form. A fixed fee applies for normal deliveries. Said fee depends on the size of the order and the country where it is to be delivered. For these fees, please see Shipping charges.
For deliveries with the seller’s own delivery service (this applies only to large orders, including whole flight case wood panels and/or extrusions of 4 m long), said fixed fee shall be substituted by a charge of 0.40 EUR per driven kilometre. The use of said delivery service is subject to the seller’s express agreement on a case-by-case basis. The seller may take into account all order information, the delivery address and the company’s practical abilities. The agreement to deliver and the calculation of any delivery costs shall be done as soon as possible after receipt of the order (in principle by email). The buyer shall provide a place that is easy to reach with the company’s van to unload the goods at the agreed time and location. The buyer must also ensure that an authorised person or he himself is present to help unload, inter alii, the wooden panels and long extrusions, and to sign the delivery slip. Should all these conditions not be met, the delivery service shall not be able to unload the goods and they will be offered for delivery again at a later date, once a new appointment has been made between the seller and the buyer and after payment of any additional delivery costs
4.2. The delivery times given by the seller are only indicative. Delays shall therefore not entitle the buyer to any compensation or give the latter the right to unilaterally terminate the sales agreement. However, if necessary, a written agreement on said subject can be drawn up in the event of unreasonable delays.
4.3. The goods sold by the seller are purchased only from respected manufacturers who shall remain wholly responsible for the application of all intellectual and industrial property rights related to their products. The buyer shall be able to rely on their professional product liability.
The seller hereby guarantees his own subsidiary liability for any ‘direct’ damage to the sold goods, though limited to the sales price of said goods. The seller shall under no circumstances whatsoever be liable for other - indirect - damage, unless in the event of his obvious wilful or gross negligence.
Under reservation of force majeure, the seller shall take due care to smoothly carry out any agreement. In the event of force majeure, the most appropriate solution to the problem that presents itself shall be sought, if possible in consultation with the buyer.
4.4. The buyer shall examine whether the goods comply with the agreement immediately upon delivery or collection.
4.5. Damaged goods may generally be returned to the seller, after a written agreement between the latter and the buyer. In said case, the seller shall provide for their potential replacement and any applicable shipping charges.
In the event that a problem with the condition of the delivered goods is detected, the buyer shall in first instance immediately (i.e. within 24 hours after delivery) contact the seller by telephone on +32 (0)479 819 538. If the latter is not possible within 48 hours after delivery, the buyer can send an email to the seller (lieven.detant@telenet.be).
As a rule, problems in relation to collected goods are dealt with at the moment that the buyer collects said goods; problems with goods delivered by the company’s own delivery service are dealt with on delivery. The second section above shall apply to less visible problems identified at a later time.
4.6. Under reservation of article 4.5 above, the seller’s liability for the goods shall be transferred to the buyer from the time said goods are delivered. Goods collected by the buyer shall come under his liability from the time the latter collects them.
4.7. The seller shall not be liable for any inappropriate use of the goods by the buyer. The description of possible working methods, the tips and tricks, and any other information on the seller’s website or in any other of the seller’s documentation are without obligation and shall not oblige the seller to anything in any way whatsoever - even though all said information has been compiled with much care. Therefore the seller shall not be held liable for any direct or indirect damage due to the application of said information.
4.8. The transfer of property rights on the goods shall occur on delivery or collection of said goods, unless payment is made at a later date. In said event, said transfer of rights shall only occur once full payment has been made for the entire order.
4.9. Flightcase-brico cannot be held responsible for slight deviations to the indicated dimensions of foam, cut flight case wood and extrusions.
4.10. In order to prevent damage during transport as much as possible, all (new) materials, wooden panels and extrusions are packaged appropriately. However, the seller cannot be held responsible for slight superficial scratches or any similar marks that could nonetheless and exceptionally be inflicted during transport. Indeed, the goods concerned are future ‘transport material’.
4.11. The units of hard foam are sometimes made up of two foam sheets properly fused together. The former is only visible at the edge, disappears once said edge is cut off and does not affect the quality of the foam.
5. General:
5.1. The seller shall not be held responsible when internet connections or telecommunications equipment are interrupted or work less well, unless in the event of any severe defects or wilful negligence on his part.
5.2. The seller shall at all times retain the right to deviate from the current General Terms and Conditions of Sale in individual cases and in (written) consultation with the buyer. However, such deviations shall not be sited as precedents for other cases.
5.3. In the event of a problem concerning the sales agreement, the seller and the buyer shall at all times do all that is possible to reach a satisfactory solution to said problem in mutual understanding with one another before taking any legal action. Belgian law shall apply to any and all legal matters and only the Courts of Oudenaarde (Belgium) shall be authorised to settle any disputes.