General terms and conditions of sale
- The general terms and conditions of sale (i.e. "terms of delivery") apply to all business relationships of Avimko ("we" or "us") with our customers (i.e. buyer or buyers). The terms and conditions of delivery are valid if the purchaser is a merchant or private individual, a legal entity under public law or a public law identification number as proof of its entrepreneurship.
- The terms of delivery apply to the sale and delivery of both self-produced goods and goods purchased from suppliers. The delivery terms, in their respective applicable version, apply as a framework agreement, also to future contracts. In this case, we shall inform the buyer immediately of any changes to our terms and conditions of delivery. These delivery conditions apply to all types of sales transactions, including orders placed via our online shop www.Avimko.eu or via our order telephone line.
- These terms and conditions of delivery apply exclusively. Any deviating, opposing or additional terms and conditions of the buyer will only be accepted with the explicite consent of Avimko. This consent can only be given if the buyer confirms that he is aware of the general terms and conditions.
- Individual agreements with the purchaser in the individual case (including framework agreements, additions and amendments) always take precedence over these terms of delivery. A written contract, or alternatively a written additional clause to the contract, must be explicitly drawn up and appended to the contract.
- All declarations and communications (e.g. deadlines, notification of defects, declarations of withdrawal or reduction) made by the buyer with Avimko become effective after the conclusion of the contract.
II. Conclusion of the contract
- Our offers in the catalogue or online shop are not binding and may be subject to change. This also applies to the description of the goods. The presentation and advertising of articles, e.g. via our online shop or in our catalogue, may be subject to change.
- The buyer's order for goods gives rise to a binding application for a purchase agreement. By placing an order in the online shop via the "Confirmation & Payment" button, the buyer establishes a binding purchase contract, which requires our acceptance. Unless otherwise stated in the order, we can accept it.
- Een contract wordt geacht door de koper te zijn gesloten overeenkomstig de voorwaarden van het contract.
- If an order is placed via the online store, this results in the following steps:
- At the end of the respective ordering process, the buyer receives a list of the products ordered, as well as the total price to be paid including the calculation of the legal VAT and the applicable shipping and additional costs.
- Before you have submitted an order, the buyer also has the possibility to check the order again and, if necessary, change or delete the order completely by clicking on the corresponding buttons.
- We will immediately confirm receipt of the order to the buyer by email (order confirmation). The order confirmation does not constitute acceptance of the order, unless the acceptance is hereby declared together with the receipt of the order. A contract is only concluded if we accept your order by means of a declaration of acceptance or by delivering the ordered items.
- The contract language is Dutch, French, English. All contractual data will only be stored in the context of our commercial accounting in accordance with the legal provisions. These data are no longer available after the end of a sale. Please keep the contractual documents we send you or make a copy. You can download, save and/or print these terms of delivery and any other contractual provisions. In addition, the link is provided on all documents and is available on the website at all times. (http://www.avimko.eu/nl/algemene-voorwaarden)
- The price mentioned in the respective offer for our goods is the net price plus statutory VAT and other price components. Shipping costs are borne by the buyer and are stated in the respective offer, as well as under Payment and shipping costs ("Delivery and shipping"). Unless otherwise agreed, the following shipping costs apply:
- Within Belgium the shipping costs are EUR 8.95 excl. VAT, unless the buyer's order value is EUR 250.00 net (final consumer) or EUR 500.00 net (reseller). If the above order values are reached, as well as in case of purchase by the buyer, shipping is free of charge. In case of shipment abroad, additional costs will be charged, of which the buyer will be informed in good time.
- In case of shipment of the purchased item to countries outside the European Community, the indicated final price does not include customs duties, import taxes or other import duties that may be imposed by the target country. These additional costs are always payable by the buyer.
- Wij zijn gerechtigd om gedeeltelijke facturen uit te geven voor gedeeltelijke leveringen in de zin van punt V.8.
IV. Payment, due date, standard in payment
- Payment by the purchaser can be made mainly by bank transfer to account number BE70 3630 6236 9525 or by cash payment using the indicated means of payment (for shipment of the goods). Payment is made without deduction within a period of 30 calendar days of the issue of the invoice.
- Payment will be deemed to have been made on time if we have received the amount in question on the due date.
- The buyer shall be in default upon expiry of the aforementioned term of payment. During this default, interest shall be payable on the purchase price at the statutory standard interest rate in force respectively. We reserve the right to claim further damages.
- If we are subsequently confronted with circumstances that show a significant deterioration in the financial situation of the buyer, which may threaten our payment claims against the buyer (e.g. by filing an application for insolvency proceedings), we shall be entitled to withdraw from the sale or to demand an advance payment or advance payment if goods still outstanding have to be delivered in accordance with the statutory provisions on refusal of performance after the expiry of a period. In the case of contracts relating to the manufacture of ordered goods, we shall be entitled to suspend production immediately.
- The buyer may only settle such counterclaims which have been established with a definitive legal effect or which are undisputed or recognised by us. The purchaser may only exercise a right of retention on the basis of counterclaims arising from the same contractual relationship.
V. Delivery and shipment, acceptance by customer, transfer of risk upon acceptance.
- Delivery is made from the warehouse (ex-works), which is also the place of dispatch. If the buyer so requests, the goods can be sent to the other destination. Unless otherwise agreed, we are entitled to choose the method of shipment (in particular the forwarding agent, shipping route, packaging) at our discretion.
- If the buyer selects the shipping type "pick up", the buyer can pick up the goods during our office hours from Monday to Friday 9:00 a.m. to 4:00 p.m. at the warehouse at the following address: Avimko, Haagstraat 2b/1, B-9150 Kruibeke.
- We will inform the buyer as soon as the goods are ready for collection. The buyer will only receive the ordered goods upon presentation of the pick-up slip.
- Loading for transport is not part of our responsibilities. Consequently, the buyer is responsible for loading the goods. He himself will provide equipment for loading and securing the goods at his own risk and responsibility.
- The risk of accidental loss and accidental deterioration of the goods will be transferred to the buyer at the latest when the goods are handed over.
- In case of sale with delivery to the specified delivery address, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delays for the customer. From the moment the goods are handed over to the forwarding agent, the carrier or any other person commissioned by the customer. The goods shall be deemed to have been delivered even if the buyer is in default of acceptance of the shipment.
- The delivery time is agreed with the customer and / or indicated by us in the ordering process. The indicated delivery period can only start when the Purchaser provides us and informs us of all information and documents necessary for the execution of the delivery within a certain period of time and has made the agreed advance payments. Unless otherwise stipulated, agreed deadlines will start on the date of the order confirmation. These deadlines will be extended accordingly if additional orders are placed at a later date.
- If we are unable to meet binding delivery times for reasons beyond our control (non-availability from supplier), we will inform the buyer accordingly without delay of the expected new delivery time. If the goods are also not available for delivery within the new delivery date, we may withdraw from the contract in whole or in part; we will refund all deposits already made by the buyer without undue delay to the amount of the undelivered goods. Non-availability of the goods in this sense shall in particular be considered as a delayed delivery by one of our suppliers.
- We are only entitled to partial deliveries if (i) the purchaser can use the partial delivery for the contractually agreed purpose, (ii) delivery of the remaining ordered goods is insured, and (iii) no additional costs for the purchaser are generated by the late delivery.
- Goods that are personalised at the customer's request by means of engraving, lasering, printing or any other type of printing will never be taken back.
- Colours and sizes of the goods may differ between the information on the website and the delivered products. Items may also differ depending on the production batch. Avimko cannot be held liable for differences in colour and size supplied by our manufacturers. We will always inform the manufacturer of any deviations.
VI. Obligation of inspection and lodging a notice of objection for entrepreneurs
- The buyer's findings for defects are subject to compliance with the buyer's legal obligations to inspect and report defects. The Purchaser is obliged to inspect the shipments immediately upon receipt and to notify us of such defects in writing or by e-mail within 10 calendar days of the handover of the shipment to the Purchaser. In the case of hidden defects, the objection period begins when the hidden defect has been detected or could have been detected without gross negligence. The forwarding of purchased items to third parties or their shipment to a foreign customs territory does not release the purchaser from his obligation to object under this point VI.1.
- If the notification of defects is not forwarded to us in time, our liability for the defect is excluded.
VII. Retention of right
- We reserve the right to the purchased goods until all claims arising from the purchase contract have been fulfilled in full. This shall also apply until all of our future claims arising from an ongoing business relationship, plus interest and costs, have been settled in full.
- The purchaser is not entitled to sell or otherwise dispose of the purchased object, in particular to secure or transfer it, as long as the purchased object is our property, i.e. as long as the purchaser has not fulfilled all claims arising from the relevant purchase contract. The combination of items from the purchaser or third parties with items purchased from us which are subject to our ownership rights is prohibited.
- The Purchaser shall notify us immediately in writing or by e-mail if and insofar as third parties have access to the purchased items subject to our proprietary rights.
VIII. Warranty and liability
- The purchaser's rights in the event of material or legal defects are subject to the statutory provisions, unless otherwise agreed. In any case, the specific legal provisions relating to the final delivery of the goods to a consumer remain unaffected.
- Rights arising from product faults in connection with damage to the purchased items are excluded if the damage was caused by incorrect actions other than those stated in the sales contract or by persons linked to it. This applies in particular if the purchaser has not followed the manufacturer's operating instructions.
- All further actions or transports of the goods sold, which were accepted by the customer, shall not give rise to any further claims or demands on our part.
- We do not offer any additional warranty unless this has been expressly agreed in the order confirmation of the respective goods.
- As far as detectable materials are concerned, we cannot guarantee detectability due to different calibration possibilities of the machines at the customer's premises.
IX. Limitation of liability
- Claims of the buyer for damages are excluded. This does not apply to claims by the purchaser for damages arising from bodily injury, as a result of a breach of a material contractual obligation (obligation which must be fulfilled in order to enable the performance of the contract and on which the contractual partner can rely in confidence) as well as claims for other damages arising from a breach of an obligation which is caused by gross negligence on the part of us, our legal representatives or staff.
- In case of a breach of a material contractual obligation, we are only liable for any foreseeable damage typically occurring under the contract if it is caused by negligence, unless the buyer is liable for this damage arising from bodily injury or health.
- The limitations of Clauses 1 and 2 also apply to our legal representatives and vicarious agents if claims are made directly against them.
- In case of detectable materials, we cannot be held liable for the non-detection of these materials by the company's metal detector. We can never be held liable for any form of compensation against the buyer. The buyer must always test the materials for their detectability before use, as the settings of the detectors may vary from one device and product to another.
- All products sold by Avimko bvba comply with European legislation and certification. These can be requested at any time if they have not been published. Products for which no certification is provided will be explicitly mentioned in the product description. All possible damage caused by the use of these materials cannot be recovered from Avimko bvba, its manager and employees.
X. Limitation of claims
- Claims for defects expire within one year of the handover of the purchased item. This limitation period also applies to contractual and non-contractual claims for damages of the buyer based on a defect of the purchased item.
- Any possible claims for damages and reimbursement of costs against us shall be cancelled within one year after the goods have been dispatched. This does not apply to claims of the Purchaser for damages arising from bodily injury, as a result of the breach of a material contractual obligation (obligation which must be fulfilled in order to enable the performance of the contract and on which the contractual partner can rely in confidence) as well as claims for other damages arising from the breach of an obligation which is caused by gross negligence on our part, our legal representatives or staff.
- The provisions regarding statutory limitation periods shall remain in force.
XI. Choice of law, place of jurisdiction
- Any contracts between us and the Purchaser shall be governed by the laws of the Belgian State, without prejudice to international uniform legislation, in particular the UN Convention on the International Sale of Goods (CISG).
- If the Buyer is a merchant, a legal entity under public law or a fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract shall be the place of business of Avimko. Nevertheless, we are entitled to file a claim with the general jurisdiction of the buyer. The same applies if the buyer does not have a general place of jurisdiction in Belgium or if the domicile or ordinary place of residence is not known at the time the appeal is lodged.
XII. Final provision
Should one of the provisions of these Terms of Delivery be incorrect or unenforceable, this shall not affect the other provisions of these Terms of Delivery, unless a contractual party would be unreasonably disadvantaged by the omission of individual clauses which render the performance of this contract between the two parties impossible.
Last update: Februari 2018