DOMO GENERAL TERMS AND CONDITIONS OF SALE
1. APPLICABILITY OF OUR GENERAL TERMS AND CONDITIONS
Unless stipulated otherwise, all transactions are subject to the most current terms and conditions of sale and to any special terms and conditions set out annually by separate letter. The seller’s consent is expressly subject to the buyer’s acceptance of these terms and conditions which are deemed essential.
Our general terms and conditions of sale supersede all others and when entering into a contract with us our clients expressly revoke their own general terms and conditions of sale.
2. VALIDITY OF COMMITMENTS AND ORDERS
Proposals, agreements, commitments and orders may be accepted by the seller only following written approval by one of its directors.
If not refused within 12 days, the order will be deemed to be accepted.
Price: The sale prices stated on the seller’s official price list are the standard net prices for a programme agreement, excluding VAT, for exclusive use by the trader for the sale of electrical domestic appliances. The buyer receives discounts on these net basic prices in accordance with the roles he fulfils as defined in special terms and conditions.
4. FAIR COMPETITION
The buyer expressly agrees to respect fair competition and not to undertake any actions in breach of the market practices of 6.4.2010. In particular, the buyer undertakes not to sell at a loss and not to use the seller’s products as a loss-leader by accepting an exceptionally low profit margin. The buyer will refrain from all publicity via the media, by distributing brochures or via other means with a view to managing unfair competition. The buyer equally undertakes to impose compliance with this article on his own resellers. Should the buyer fail to comply with this article, the seller retains the right to suspend all deliveries until such time that the situation has been rectified and order has been returned.
5. CHANGE TO PRICES: DISCOUNTS AND TERMS AND CONDITIONS
The price indicated on the order form is not deemed final.
The price invoiced shall be that which applies at the time of delivery.
However the seller is entitled to cancel his orders if the seller invoices at a price increase greater than 5% (excluding VAT).
6. SUPPLY AND DEADLINE
Products are deemed to be accepted ex works and other than stipulations to the contrary, and are transported at the buyer’s own risk. The buyer takes responsibility for the transport, loss, theft or damage suffered during transport, even where goods are delivered free of charge.
The seller is prepared to arrange insurance to cover these risks at the buyer’s written request as instructed and to be payable by the buyer.
All cases of force majeure or Acts of God mean that the seller’s obligations are suspended and that he is relieved of all responsibility in the case of late delivery or impossibility of supply. In such cases, the seller retains the right to withdraw from the sale without being liable for compensation. Other than general cases of war, threat of war, partial or general mobilisation, flood, frost, fire etc. ordinary cases of force majeure are considered to be: a ban on imports or exports, restrictions on imports or exports, government decisions which render supply difficult and/or which would increase the cost price at the time of agreeing the contract, absence of means of transport, cases of exploitation, events whereby our importers or suppliers render us unable to supply and any event which changes the basis of the contract.
7. TRANSPORT COSTS
Deliveries with net value below €300 cannot be made free of charge.
Our invoices are payable net within 30 days of the invoice date and only in cash by guaranteed (bank) cheque or by bank transfer.
In the case of non-payment or partial payment by the due date, interest of 1.5% per month on the invoice amount shall legally be payable without a demand for payment being issued.
Furthermore, in the case of late payment by the due date, the invoice amount owing will legally be increased, without a demand for payment being issued, by a fixed indemnity of 15%.
The seller may otherwise repossess the goods and retain them until such time that full payment is made and shall be entitled to demand fixed recompense of 20% of the value of the order for damage suffered.
The seller is equally entitled to suspend deliveries and demand payment in cash for each new delivery of good. In all cases of full or partial default on payments, all outstanding amounts covered by bills of exchange which we may as an exception have accepted in payment shall become due immediately and the buyer shall no longer be entitled to any other deadline of payment facility. The buyer may not refuse payment of invoices due for any reason whatsoever, even in the case of dispute between him and the seller. Furthermore, he may not invoke previous disputes to avoid payment of previous deliveries not subject to any dispute.
All products are supplied with a CEG 1 seal of guarantee which, in accordance with the decree of 15-01-64, must be provided properly completed to the user. This guarantee ensures only that the seller is obliged to repair or if necessary replace faulty equipment free of charge without the payment of any compensation whatsoever.
The seller will not accept any returns without prior written consent.
Notwithstanding the provisions of article 6 of this agreement with respect to checking of the goods, on order to be valid all complaints must be submitted by recorded delivery within 8 days of receipt of the goods. Complaints will not be accepted after this period. Submission of a complaint, even within the prescribed deadline, does not entitle the buyer to defer payment of this invoice.
12. The use of bills of exchange or the acceptance of payment terms does not entail novation or deviation from these general terms and conditions.
13. In the case of dispute between the parties, the courts of Turnhout and the Cantonal Court of Herentals are authorised. The parties agree that Belgian law is solely applicable.
SPECIAL CONDITIONS OF SALE APPLICABLE TO DOMO WEBSHOP FOR ACCESSORIES AND SPARE PARTS
IN THE SPOTLIGHT