Terms & conditions
In these Terms and Conditions, the following definitions shall apply: Company: Dejonghe Steve - BE 0674 267 190 Customer: any natural person or legal entity with whom an agreement is entered into. Consumer: a customer who is an individual acting as a private person. Products/Services: all items that the Customer can purchase from the Company, in particular vintage items and antiques. Purchase Order: the written confirmation of the order placed by the Customer with the Company. Law of August 2002: the Law of 2 August 2002 on combating late payment in commercial transactions (B.S. 07.08.2002).
In these Terms and Conditions, the following definitions apply:
Company: Dejonghe Steve - BE 0674 267 190
Customer: any natural person or legal entity with whom an agreement is entered into.
Consumer: a customer who is an individual acting as a private person.
Products/Services: all items that the Customer can purchase from the Company, in particular vintage items and antiques.
Purchase Order: the written confirmation of the order placed by the Customer with the Company.
Law of August 2002: the Law of 2 August 2002 on combating late payment in commercial transactions (B.S. 07.08.2002).
Applicability
These general terms and conditions apply to every offer, quotation, order, and purchase/sale of products/services between the Company and the Customer.
The Company makes these terms and conditions available on its website <u>rollantiques.com</u>.
The Customer acknowledges and accepts these terms and conditions. These terms and conditions always take precedence over the general terms and conditions of the Customer, unless expressly agreed otherwise in writing between the Company and the Customer.
The Company reserves the right to modify these terms and conditions at any time by publishing a new version on the aforementioned website. Any order placed by the Customer after the publication by the Company of this new version implies the Customer's acceptance of the last published version.
If the Company has allowed deviations from these terms and conditions for a short or long time and whether implicitly or not, this does not in any way affect its right to still demand direct and strict compliance with these terms and conditions.
Offers and prices
If an offer or any other offer on behalf of the Company has a limited period of validity or is made subject to conditions, this shall be explicitly stated.
The offer or any other offer on behalf of the Company shall contain such information that it is clear to the Customer what the rights and obligations attached to its acceptance are.
Unless otherwise expressly stated, the prices communicated and/or published by the Company for the products/services shall always be in euros (€) and inclusive of VAT. Any increase in the VAT rate in the period between the order and the delivery shall be borne by the Customer. Orders are invoiced at the prices and conditions in force at the time of acceptance of the order. The Company is not bound by price indications that are obviously incorrect, e.g. in case of printing or language errors. The Customer cannot derive any rights from unlawful price information. The Company has the right to increase the price of the products/services.
The Customer cannot claim a discount for cash payment. Order The Company shall prepare an order form of each order with a unique order number and deliver the order form to the Customer via the email address provided in the order form. The Customer is considered solely responsible for the order and payment. If the order has been executed by a third party, this shall be deemed to have been done in the name and on behalf of the Customer.
Delivery
The Company takes the utmost care in receiving and executing orders.
The Company provides the Customer with a proposal for delivery costs if specified by the Customer in the order form. If no delivery takes place, the Customer must collect the purchased products himself at the address indicated on the order form.
Delivery to the Customer takes place at the moment the products/services are made available to the Customer at the address provided by the Customer or at any other place previously agreed upon by the Company and the Customer.
At that moment, the risk of loss of or damage to the Goods also passes to the Customer.
Invoice and payment
Payment by the Customer to the Company for the purchase of one or more products/services shall be made as follows at the time the Company has the products/services available for delivery to the Customer, the Company shall invoice the total amount due. This amount is due and payable by the Customer according to the modalities mentioned in the general terms and conditions.
Each invoice from the Company to the Customer shall state at least the invoice number, the purchase price of the products/services and the applicable VAT rate. Unless the invoice states otherwise, it shall be due and payable within 14 calendar days from the invoice date to the Company's account number mentioned on the invoice. In the event of late payment by the Customer, late payment interest shall be due in accordance with Article 5(1) of the Law of 2 August 2002.
These late payment interests start to accrue by operation of law from the day after the due date of the invoice due, and therefore without the need for prior notice of default. The late payment interest amounts to 15% per annum and is calculated until the day the principal sum is paid in full.
In case of late payment by the Customer, the Company shall also be entitled to the reimbursement of collection costs in accordance with Article 6 of the Law of 2 August 2002. The extrajudicial collection costs are 15% of the principal amount of the outstanding invoice. The judicial collection costs shall be equal to the actual costs borne by the Company.
Moreover, in case of late payment by the Customer, the amount due shall be increased ipso jure, and therefore without the necessity of prior notice of default, by a fixed compensation of 10% of the principal amount, with a minimum of €50.00.
A payment shall always be charged against the oldest outstanding invoice. The non-payment on the due date of a single invoice makes the balance due of all the other invoices, even those not due, immediately payable by operation of law. Each payment will be imputed to the oldest outstanding invoice and the reminder charges applied regardless of the statement at the time of payment.
Conformity of the products
The Company undertakes to deliver the ordered products/services.
If, for any reason, the products/services do not conform to the Customer's order, the Customer must protest the delivery in writing within ten working days, failing which the Customer shall be deemed to have unconditionally and definitively accepted the delivery. The burden of proof of the aforementioned written and timely protest lies exclusively with the Customer.
There shall be no lack of conformity and/or any other defect within the meaning of this article if (i) the defect is the result of accidents, negligence or misuse by the Customer, or (ii) the Customer was aware or should reasonably have been aware of this defect prior to delivery and nevertheless agreed to it. The Company is not obliged to indemnify the Customer for hidden defects of which it was unaware. However, the Company is deemed to know the defects with which the products would be afflicted, unless it proves that it had no knowledge of them nor could reasonably have had knowledge of them.
Liability
The Company cannot be held liable for damage to persons, products (including the products), animals, services, etc., which would result directly or indirectly from the products, except in case of fraud or deceit.
Retention of title
Notwithstanding Article 1583 of the Civil Code, the products sold shall remain the Company's property as long as the total price has not been paid by the Customer.
Applicable law and competent court
The contractual relationship between the Company and the Customer is governed exclusively by Belgian law. Any dispute shall fall under the exclusive jurisdiction of the Dutch-speaking courts of the judicial district of West Flanders.