General terms & conditions
- These General Terms and Conditions form an integral part of all our quotations, agreements, deliveries, and invoices. The Buyer/Customer shall be deemed to have taken note of the same and to have accepted all and any clauses of these General Terms and Conditions unless expressly otherwise agreed in writing.
Any stipulations deviating from these General Terms and Conditions, even if they are mentioned on documents from the Buyer c.q. Customer or from his representatives, shall apply only if they have been accepted and confirmed by us in writing in advance.
- All our quotations shall be without engagement and subject to sale or sufficient stock. All our prices shall always be mentioned exclusive of VAT and without delivery charges, which shall, save as provided otherwise, not be included in the sale, and shall be the object of a separate invoicing on the basis of the place of delivery; Save as provided otherwise, our quotations shall be valid for one month.
- Should an order or the agreement be canceled by the buyer c.q. Customer, we shall be entitled to damages amounting to at least 25 % of the total amount of the agreement or order, unless any loss suffered and/or to be suffered is higher than such percentage. In such case we shall be entitled to claim full damages, without prejudice to our right to demand the fulfillment of the agreement, whether coupled to a damage action or not.
- For all items/services sold directly through our online E-Shop, in accordance with art. 79,§12 of the Belgian Trade Practices Law, the consumer is entitled to inform EDC that he renounces the purchase, without payment of a penalty or any obligation to give a reason for the renouncement, within 7 working days from the day following the delivery of the product or the conclusion of the service agreement. The buyer has no right of renunciation for those products foreseen in article 80§4 of the Belgian Trade Practice Law. This foregoing right of renouncement is only available to the original non-professional buyer and may not be assigned to or received upon by any subsequent transferee of the property sold. The right of renunciation must be exercised in writing, by registered letter. In the event that the consumer exercises his right of renunciation the identical products together with the original invoice and delivery note must be sent back intact and in the original packing to EDC within 15 days with the same transporter as was the case for the delivery and at risk of the consumer, and all those costs are to be borne by the consumer. Unless it is reasonably demonstrated that the physical condition of the product is not as described in the information given either in the E-Shop, through e-mail or other written offer, EDC has the right to charge all expenses made, such as (but not limited to) the payment of credit card fees, express delivery shipping charges and insurance cost, at the consumers expense. Any customs or import duties and fees, whether assessed by any governmental authority or other person or entity, are not included in the total purchase price, and will therefore not be refunded.
- All our invoices shall be payable not later than 8 days from the date of invoice.
- Any such invoices as are unpaid on their due dates shall be increased ipso jure and without notice of default by 1% interest per mensem;
- Any such invoices as are unpaid on their due date shall be increased ipso jure and without notice of default by 10% on the total invoice amount, the minimum increase being EUR 50 on account of conventional damages;
- The property in the goods sold shall not pass to the Buyer c.q. Customer until the total amount of the sums due has been paid. Any such risks as the goods might run, shall, however, be chargeable to the Buyer c.q. Customer, as soon as such goods are put at his disposal.
- All models, drafts, graphical designs, schemes, software, etc., designed by us, whatever the technique used may be, shall be our exclusive property, and it is forbidden to copy or reproduce the same without our prior written consent;
- We can never be held liable for delays in delivery resulting from alterations made to the initial order by the Buyer/Customer. Without prejudice to our rights, we shall be entitled, if we are unable to fulfill the agreement because of force majeure, to suspend the fulfillment of the agreement at our choice without any intervention of the court, or to dissolve the agreement in whole or in part, without any damages being due by us;
- The delivery of the goods shall take place upon their departure from our warehouses. In principle, the goods shall be delivered for the Buyer's account, at his expense and at his risk, save as provided otherwise;
- On pain of lapse of right, all and any complaints or protests must be lodged by registered letter within eight days from the date of receipt of the goods. Should the Buyer c.q. Customer fail to take delivery of the goods, such 8-day term shall start running from the receipt of the dispatch note or any similar document, in default thereof from the receipt of the invoice.
- All agreements entered into with us, as well as these General Terms and Conditions of Sale, shall be governed by Belgian law, unless otherwise agreed in writing; Any such dispute as may arise in connection with this quotation/delivery/invoice/ agreement shall be settled exclusively by the Belgian courts, notably the Justice of the peace of Bree or the courts of Tongeren.