General Sales Conditions
NV Feryn New International
ARTICLE 1 – IDENTITY OF THE SELLER
Feryn New International nv, Emiel Vanderveldestraat 136, 2830 Willebroek, Belgium
Phone number: +32 (0)3 290.02.11
Fax number: +32 (0)3 290.35.40
E-mail address: info@feryn.com
Enterprise number: 0440.914.686
ARTICLE 2 – ORDER CONFIRMATION
2.1. Our general sales conditions are applicable to all agreements which are concluded by or with our company.
2.2. Every cancellation of an order must take place in writing.
2.3. In case of cancellation, the buyer owes a lump-sum compensation of 30 % of the price of the order, barring proof of greater damage by the seller and barring force majeure on the part of the buyer. This compensation covers the fixed and variable costs and possible loss of profit.
2.4. Cancellation of orders with regard to personalised and/or customised goods (e.g. varnishing) is not possible and those are invoiced for 100 %, barring force majeure on the part of the buyer.
ARTICLE 3 – DESCRIPTION OF THE GOODS TO BE DELIVERED
The goods are delivered as established on the order slip or on the front of the invoice.
ARTICLE 4 – PRICE
4.1. The price is as indicated on the (electronic) order slip, unless the seller finds himself compelled to adjust it to the development of his fixed and/or variable costs as a result of changes to their structure (raw material, wages, power, etc.). The possible price review will take place in accordance with the legally permitted standards.
In this case, the new price applies as stated on the front of the invoice.
4.2. The price is exclusive of VAT and exclusive of delivery, shipping, and insurance charges.
ARTICLE 5 – DELIVERY TERMS
5.1. Unless another time was established for delivery, the delivery of goods will take place with reasonable speed though in any case no later than 45 days after conclusion of the agreement.
5.2. If the seller has not complied with his obligations to deliver the goods within the established term or within 45 days after conclusion of the agreement, the buyer is entitled to a lump-sum compensation of 5.00 EUR per day of delay. In any case, delays on deliveries as a consequence of unforeseeable circumstances, independent of the intent of the seller, and the latter prevent compliance with the established delivery date, are not grounds for compensation.
5.3. If the seller has not complied with his obligations to deliver the goods within the established term or within 45 days after conclusion of the agreement, the buyer must request the seller to carry out the delivery within such additional term as is appropriate considering the circumstances. If the seller does not deliver within the additional term, the buyer has the right to terminate the agreement, barring in the event of force majeure.
5.4. The buyer must make sure that the goods can be delivered by the seller in a normal manner at the established location and at the established time, and therefore procure, amongst other matters, the accessibility of the place of delivery. If such has not been complied with, the buyer is held to compensate all damages, including the waiting hours, on the part of the seller.
ARTICLE 6 – CONTROL AND WARRANTY
6.1. The buyer is supposed to receive and control the goods immediately.
6.2. The articles 1649bis through 1649octies BW (Civil Code) are applicable in case of sale to a consumer.
6.3. In case of lack of correspondence, the buyer must inform the seller by way of registered mail of the lack of correspondence, within a term of two months starting from the day on which the buyer has established the lack of correspondence. In case the defect is not reported within this term, the buyer loses the right to file a claim on account of lack of correspondence.
6.4. After expiry of the warranty term, the articles 1641 through 1649 BW (Civil Code) remain applicable. By hidden defects are intended the defects which to an important extent render the product unfit for its normal use or the use it was emphatically intended for in the special conditions. On pain of lapsing, the buyer must appeal to the warranty for hidden defects within the month after he discovered the hidden defect or was reasonably able to discover it, and such by way of registered mail.
6.5. The seller is not responsible for issues as a result of the wrong and/or inappropriate use of the product, issues as a consequence of force majeure and as a consequence of actions, gross fault, or deliberate wrongs on the part of any person whatsoever (with the exception of the seller, his appointees, or trustees), including the buyer or his appointees.
ARTICLE 7 – RETENTION OF PROPERTY
7.1. The delivered goods remain our property until full settlement of the price, both of the principal and of interest and costs, and the associated performances, even if these goods were modified or incorporated.
7.2. For agreements whereby the seller sends the goods to the buyer, the risk of loss or damaging of the good passes to the buyer as soon as he or a third party designated by him which is not the forwarder has obtained the physical possession of the goods.
7.3. The risk passes to the buyer, however, upon delivery to the forwarder if the latter has been ordered by the consumer to transport the goods and this choice was not offered by the seller.
ARTICLE 8 – PAYMENT
8.1. The amount owed to the seller must be settled immediately upon delivery against provision of a receipt, unless parties establish otherwise.
8.2. In case of non-payment or late payment, the price will be legally increased, without requiring any default notice, by a lump-sum compensation of 10 %, with a minimum of 125 EUR, which corresponds with the nuisance which the seller thus incurs, and with the administration costs incurred in this context, with the exclusion of the judicial costs and fees of the legal counsel appointed by the seller.
ARTICLE 9 – REVOCATION RIGHT
9.1. In case of the purchase of products outside the showroom of the seller, the consumer has the possibility to revoke the agreement without stating grounds for a period of 14 days, barring exclusions of the revocation right as stated in article 10 of our general sales conditions. This reflection period enters into effect on the day after receipt of the product by the consumer or by a representative indicated by the consumer beforehand and identified towards the seller.
9.2. To exercise the revocation right, you must inform Feryn New International, Emiel Vanderveldestraat 136, 2830 Willebroek, by way of an unambiguous statement (for instance in writing by mail, telephonically: +32 (0)3 290.02.11, fax: +32 (0)3 290.35.40, or e-mail: info@feryn.com) of your decision to revoke the agreement. For this purpose, you can make use of the attached model form for revocation, but you are not obliged to do so. If you make use of this option, we will forthwith send you a confirmation of the receipt of your revocation on a durable information carrier (for instance by e-mail). For compliance with the revocation term, it suffices to send your announcement regarding your exercise of the revocation right before the revocation term has expired.
9.3. During the reflection period, the consumer will handle the product and the packaging with care. He will only unwrap or use the product to the extent necessary to be able to assess whether he wishes to keep the product. In case he exercises his revocation right, he will return the product with all delivered accessories and – if reasonably possible – in the original state and packaging to the seller, in conformity with the reasonable and clear instructions provided by the seller.
9.4. If the consumer makes use of his revocation right, no more than the costs of return shipping are borne by him.
9.5. If the consumer has paid an amount, the seller will pay back this amount as soon as possible, though no later what within 14 days after the return shipping or revocation.
ARTICLE 10 – EXCLUSION REVOCATION RIGHT
The consumer cannot exercise the revocation right for which article VI.67 provides for:
1st – service agreements after complete execution of the service if the execution has started with the emphatic prior consent of the consumer, and on condition the consumer has acknowledged that he loses his revocation right as soon as the enterprise has implemented the agreement completely;
2nd – the delivery or provision of goods or services the price of which is subject to fluctuations on the financial markets, on which the enterprise exerts no influence, and which may occur within the revocation term;
3rd – the delivery of goods manufactured in accordance with the specifications of the consumer or which are clearly intended for a specific person;
4th – the delivery of goods which perish fast or with a limited shelf life;
5th – the delivery of sealed goods which are not suitable to be sent back for reasons of health protection or hygiene and the seal of which has been broken after delivery;
6th – the delivery of goods which after their delivery by their nature have inevitably been mixed with other products;
7th – the delivery of alcoholic beverages the price of which was established upon conclusion of the sales agreement, but the delivery of which can only take place after 30 days and the actual value of which depends on fluctuations of the market on which the enterprise exerts no influence;
8th – agreements whereby the consumer has requested the enterprise specifically to visit him to carry out urgent repairs or maintenance there; in the event, however, the enterprise upon such a visit provides additional services which the consumer has not explicitly requested, or delivers other goods than replacement parts which are necessarily used to carry out the maintenance or repairs, the revocation right is applicable to those additional services or goods;
9th – the delivery of sealed audio and sealed video-footage and sealed computer software the seal of which has been broken after delivery;
10th – the delivery of newspapers, journals, or magazines, with the exception of agreements for a subscription on such publications;
11th – agreements which have been concluded during a public auction;
12th – the allocation of accommodation otherwise than for the purpose of living, transport, car rental services, catering, and services with regard to recreational activities, if in the agreements a certain date or period is stipulated for implementation;
13th – the delivery of digital content which is not delivered on a material carrier, if the implementation has started with the emphatic prior consent of the consumer and on condition the consumer has acknowledged that he thereby forfeits his revocation right;
14th – the agreements regarding the construction of new buildings and the drastic renovation of existing buildings.
ARTICLE 11 – FORCE MAJEURE
12.1. Any case of force majeure or coincidence legally relieves the seller from any undertaking whatsoever, without our co-contracting party being able to claim entitlement to compensation of damage.
12.2. In case the seller for compliance with his obligations depends on, for example, the deliveries by a third company, then these clauses are also applicable in case of force majeure or coincidence at this third party, if compliance with the obligations of the seller were to incur delays or be prevented as a result.
12.3. Situations such as the following are considered force majeure: accidents, break-down of material, exceptional weather conditions, fire, strikes, lock-out, theft, and exceptional traffic disruptions.
ARTICLE 12 – DISPUTE SETTLEMENT
13.1. In case of contention, exclusively the courts of law of Vredegerecht Mechelen or Rechtbank van Koophandel Antwerpen, department of Mechelen (Belgium) are competent.
13.2. All costs in connection with collection through judicial channels, including fees of the legal counsel, will be claimed from the buyer.
13.3. Belgian Law will always be applicable, to the exclusion of the Vienna Commercial Treaty.