Terms and conditions
Article 1. General
These terms and conditions apply to all current and future commercial agreements with BV Decof, with its registered office at 8870 Izegem, Noordkaai 34 and with company number at RLE (Register of Legal Entities) for Ghent, Kortrijk department being 0405.549.971 (hereinafter referred to as ‘Decof’). As soon as the customer enters into a contract of sale with Decof, the customer accepts the general terms and conditions as set out in this document, as well as all rights and duties arising out of the contract of sale and which may differ per product or service on offer. Furthermore, the customer accepts that only Decof’s general terms and conditions apply to the contracts of sale, which are entered into with Decof.
Article 2. Applicability
The general terms and conditions always and exclusively apply to all products and services offered by Decof, unless parties expressly deviate from this in writing. Express deviations are only valid to substitute or supplement the clauses to which they relate. In case of a deviation, Decof shall indicate this using the wording “by way of derogation from Decof’s general terms and conditions of sale and invoicing”. The other provisions of the terms and conditions of sale continue to apply in full. If a provision included in these terms and conditions is in breach of an international treaty, or insofar as applicable, a law, regulation or other binding legislation, the provision in question shall not apply. The invalidity of a provision does not affect the validity of the other provisions in the general terms and conditions, which shall continue to apply in full. Decof reserves the right to amend and/or to supplement the general terms and conditions at any time in respect of future regulations. A future amendment shall not affect existing agreements.
Article 3. Content
‘Content’ is understood to mean all products, texts, images, descriptions and other data stated on any communication from Decof, including but not limited to emails, websites or catalogues. Decof cannot guarantee that the content does not contain any mistakes, omissions or typographical errors or that the information is always up to date. Decof is entitled to adapt, amend or delete the content at any time without prior notification. The content of Decof’s various forms of communication is not binding and is purely intended for the purposes of information. All images and photos of products are purely indicative in nature. The settings of a monitor on which the customer visits the website or in which emails are opened may cause the colours of the illustrated products to vary. The printed publication of catalogues and related documents may also give rise to variations in colour. Decof’s website is intended to provide general information to the customer about its products and business activities. Decof only has an obligation to perform to the best of its ability in relation to access, the ordering process, delivery or other services. Decof cannot be held liable if, for whatsoever reason, the website is not available for a certain amount of time, and does not guarantee that access to the website will be uninterrupted, temporary or error-free. Users may view the information on the website free of charge and print it for personal use, but may not use it for commercial purposes.
Article 4. Range of products and services and ordering
Unless specified otherwise, all stated prices are subject to a change of price. All price lists are then purely for the purposes of information. All quotations and bids made by Decof are without prejudice and subject to reserve and are non-binding. Increases in factors determining cost prices, which Decof was not able to foresee at the time of making the quotation and/or drawing up the agreement, may give rise to price increases. Anyone placing an order confirms that they have the commercial capacity to do so. Persons without commercial capacity must be represented by their legal representative, who is also bound by these terms and conditions of sale. Decof undertakes to process the orders that have been placed while stocks last and within the limitations set out in these terms and conditions. The order can only be processed if the customer has clearly identified itself. In order to place an order, accepting these general terms and conditions is a requirement. Anyone placing an order, declares that they acknowledge and accept Decof’s general terms and conditions. That which is not expressly specified in these terms and conditions is governed by the provisions of Belgian law. Decof reserves the right to decline orders in case of any serious suspicion of an abuse of rights or bad faith, a serious suspicion of commercial intentions unacceptable to Decof or in case of depletion of stock for a certain item. Decof and the customer expressly agree that electronic forms of communication are means by which a valid agreement can be established. Placing the order implies an obligation to pay. The general terms and conditions are always available and can be viewed using the website. Upon each order the general terms and conditions, which are included at that time on the website and/or invoice, are applicable. An order is only final after acceptance of these general terms and conditions, prices and the description of the offer. The customer is expected to check the order confirmation thoroughly after receiving it. Assuming there is no contrary response from the customer within 48 hours, Decof shall assume that it has been accepted (including the price). If something should be unclear in the offer or after placing the order, the customer can make contact either by email: email@example.com or by telephone on +32 51 31 20 24.
Article 5. Signature and evidence
The customer accepts electronic evidence. The customer itself is only responsible for the accuracy of all the information that he or she passes on. The final confirmation of the order by the customer is valid acceptance of the order at the stipulated price. The customer’s approval is valid as the sign-off and express acceptance of all transactions.
Article 6. Payment
All prices of products are stated in euros and are exclusive of VAT. Transportation costs, taxes and other levies are not included unless specified otherwise or explicitly agreed by written communication. The customer owes Decof the price that has been stated in the confirmation. Clear errors in the quotation, such as obvious inaccuracies, can also be corrected by Decof after drawing up the agreement. All quotations made by Decof are non-binding. Decof always retains ownership over all ordered products until payment in full has been made of all amounts owed arising out of this agreement, irrespective of whether the delivery has already taken place.
Article 7. Delivery
Where possible, the delivery of products shall take place within the time that is specified in the individual order confirmation. Incorrectly communicated delivery addresses are the customer’s responsibility and may give rise to additional costs. If, at the request of the customer, Decof needs to deliver to the customer’s branches, sub-offices or subsidiary companies, Decof shall in no way be responsible for drawing up overviews of the different delivery locations and quantities delivered, nor for the correctness thereof. Delays in the delivery of such an overview can never give rise to cancellation of the order, nor does it provide entitlement to any form of compensation, even if this is provided for as such in an agreement signed by Decof and the customer, unless Decof has expressly and in as many words made it known that it expressly wishes to deviate from this (using the wording “in derogation of Decof’s general terms and conditions of sale and invoicing”). The stated delivery deadlines are not binding, but are given purely as in indication. Decof is entitled to make partial deliveries. In case of non-delivery of the goods, any sums paid by the customer shall be refunded without interest or any other allowance. The customer is responsible for additional taxes and levies. Decof cannot be held liable for any payments deducted by a third party. The delivery is made at the customer’s risk, even if it is made free of charge. Decof does not assume any responsibility for late deliveries as a result of unforeseen circumstances caused by third parties nor for loss, theft or damage during shipment by third parties. No delay in delivery can give rise to a cancellation of the purchase or to the payment of damages to the customer, except in the event of deliberate delay. Decof undertakes to package the products being delivered as carefully as possible to exclude the risk of damage in case of normal handling. If an order has not been delivered within the stipulated deadline, an investigation is instituted with the delivery company, which may take several calendar days. It is not possible to proceed with a refund or another shipment during this period. Where permitted by law, Decof is not liable for losses, costs, liability, damage, fines or expenses, which are incurred as a result of a delay or failure to deliver.
Article 8. Terms and conditions of invoicing
Unless stipulated otherwise, all invoices are payable in full at the registered office within 30 calendar days from the invoice date. The acceptance of bills of exchange does not affect this provision. The exchange rate is charged to the customer. The invoices are deemed to have been accepted in full in the absence of a registered protest within 8 calendar days following receipt of the invoice. The invoice is deemed to have been received 3 working days after the date of issue. In the absence of payment on time or in full, default interest of 12% per annum shall be legally charged without notice of default as from the due date of the invoice up to the date of payment in full. In the absence of payment, of payment on time or payment in full, a flat-rate compensation payment shall also be charged amounting to 12% of the invoice amount with a minimum of 50 euros and a maximum of 1,500 euros, even if grace periods are granted. In the event of late payment of an invoice, all other claims of the customer that have not yet fallen due shall become legally due with immediate effect. In the event of non-payment, Decof reserves the right not to proceed with the delivery of the products or to stop subsequent deliveries. Decof also reserves the right to regard the sales agreement to be legally dissolved without prior notice of default, for the whole or the part not yet executed.
Article 9. Reservation of ownership
The delivered goods remain the property of Decof until payment in full of the selling price, plus any costs and interest. The customer is then also prohibited from selling on, hiring out, pledging, processing, incorporating or in any other way transferring or encumbering the goods until the invoice has been paid in full, and this unless agreed otherwise with Decof. Nevertheless, the customer bears the risk of loss or destruction of the goods as from their delivery.
Article 10. Force Majeure
Decof is not liable for a delay in the execution or for non-execution of its commitments due to events outside its normal control, including but not limited to natural disasters, actions of third parties (such as hackers, suppliers, governments, quasi-governmental, supranational or local authorities), insurgency, riots, civil unrest, war, hostilities, disasters, terrorism, piracy, arrests, restraints by a competent authority, strikes and/or lock-outs, epidemics, pandemics, fire, explosions, storms, floods, drought, weather conditions, earthquake, accident, mechanical defect, software of third parties, failures or problems with public utilities, production interruptions, difficulties in supply or shortages of raw materials, work force, energy or transport or delays in transport, work interruptions or other collective labour disputes, which affect either Decof or its suppliers, failures in the Internet, the electricity network, mail traffic or technology supplied by third parties, government measures and illness, and this even in the event that these events are foreseeable.
Article 11. Intellectual Property Rights
All intellectual property rights and derived rights are retained by Decof. These intellectual property rights are understood to mean copyrights, trademark rights, design rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts. The customer is prohibited from using and/or amending the intellectual property rights as set out in this article of Decof’s general terms and conditions. The content, images, logos, drawings, photos, data, product names, texts, etc. on Decof’s website or in its catalogues and other printed matter are protected by copyright and other (intellectual) property rights and contractual provisions.
Article 13. Processing customer data (privacy)
When products are purchased, the customer explicitly agrees that his/her personal data may be used for administrative purposes, such as creating and updating a customer database, updating orders, shipments and invoices, and checking solvency. The information specified by the customer is needed to process and fulfil orders and invoicing. By placing an order for a product, the customer details are entered into Decof’s customer file. Decof will never pass on this personal information to third parties unless this is explicitly requested by judicial authorities or when there is a legal obligation to do so. The customer is entitled to object, free of charge, to the processing of his/her personal data for direct marketing initiatives.
Article 14. Defects and complaints
The customer undertakes to examine the products thoroughly and immediately after being received. Decof is only responsible for damage that results from an intentional act or gross negligence. Decof is not liable for general or special indirect damage, of whatsoever nature, suffered by the customer. Any problem or defect in relation to the delivery of an item, damage or quality deficiency must be reported in writing by recorded delivery to the following address: Noordkaai 34 – 8870 Izegem, Belgium or by email to firstname.lastname@example.org. To be admissible, complaints must be submitted to Decof within 8 days of delivery. Decof undertakes to respond to the complaint within a period of 14 calendar days after written receipt. Decof is not liable for force majeure, accident, incorrect use or mishandling of an item by the customer. A disputed delivery does not provide entitlement to decline payment.
Article 15. Jurisdiction and applicable law
Belgian law shall be exclusively applicable to all quotations and agreements. In case of dispute only the courts and tribunals competent in the judicial district of Ghent, the department of Kortrijk have jurisdiction.