Article 1 - GENERAL INFORMATION
These General Terms and Conditions of sale (hereinafter “GTC”) govern the sales of Products made, in Belgium and abroad, by SPRL HIND RABII (hereinafter “H.R. ”) whose registered office is located at rue Bronde, 2 in 4801 Stembert, registered in the CBE under No. 0875.284.745.
The terms below, in the GTC, shall have the following meanings:
“Customer” means any natural or legal person who buys a Product sold by H.R. ;
“Contract” means the contract established by these GTC and, if applicable, the purchase order;
“Product(s)” means any Product sold by H.R. ;
“Website” means the merchant website operated by H.R. and accessible at the address www.hindrabii.be
The GTC contain the entire agreement by the Parties regarding their rights and obligations relating to the Services to be provided by ODOMETRIC to the Customer, to the exclusion of any other document (general terms and conditions of the Customer or of third parties, commercial documents, charters, etc.). The Parties agree that an exception to the conditions of the Contract may be made only if H.R. has agreed to it beforehand and in writing.
Acceptance by H.R. of purchase orders sent by the Customer or the sending of a confirmation of order to the Customer do not imply an exemption from the application of the GTC. Moreover, if H.R. expressly agrees to derogate from the GTC, they shall remain applicable in a supplementary way.
H.R. reserves the right to change these GTC at any time without notice. These changes are binding on the Customer as soon as they are posted online and this version alone is considered authentic. Thus, in the event of a change to the GTC, the GTC in force on that day shall be applied to each sale. The latest version of the GTC is available on the website at the following address: www.hindrabii.be
Article 2 – PRICES
The prices displayed in the store or on the website are stated in euros and include all taxes, excluding delivery charges.
Article 3 - PAYMENT – COMPENSATION FOR DELAY – CANCELLATION
Payment is made in cash.
H.R. reserves the right to require a deposit from the Customer, who accepts prior to the performance of the Contract or on continuing it. The Customer authorises H.R. to suspend the performance of the Contract in the event of non-payment of the said deposit.
In the event of late payment, the Customer shall owe H.R., automatically and without prior notice, fixed compensation of 25% of the invoice price, with a minimum of €50 and late payment interest at the rate of 2% per month of the invoice price, without prejudice to the right of H.R. to suspend the performance of all or part of its obligations or to require the return of the Product(s) as stipulated in Article 6.1.
No order may be changed or cancelled without H.R.’s prior agreement in writing. In the event of the cancellation of an order, deposits already paid shall not be refunded and shall be considered as the costs to be paid by the Customer for the cancellation of the order. In any event, without prejudice to the right of H.R. to seek the forced performance of the Contract by the customer, H.R. shall be owed, in the event of cancellation of the Contract, penalty compensation equal to 25%
Article 4 – DELIVERY
The parties shall define the delivery terms in the purchase order by common agreement. Except by agreement to the contrary, the Customer is required to accept the delivery method agreed when placing the order.
The Customer shall check on delivery that the entirety of his order has been delivered; if this is not the case, he shall inform H.R. of this within 24 hours of receipt of his order. Failing this, H.R. disclaims any responsibility in this respect.
Unless otherwise specified in the purchase order, H.R. undertakes to make the delivery within a period of 30 working days from the date that the order is made. Exceeding the time scales indicated does not give the Customer any right to cancel the order, nor to claim damages except under the following conditions:
In the case of late delivery, the Customer must notify H.R. in writing within 8 days of the period having been exceeded.
In the case of further delay of more than 20 working days, the Customer is entitled to demand the termination of the contract in writing.
Article 5 – TRANSFER OF OWNERSHIP AND RISKS
Ownership of the Products delivered is transferred to the Customer only after payment in full of the price. H.R. reserves the right to take back the Products which have been delivered where the price remains unpaid, whoever holds them.
The risks relating to the products are transferred on delivery at the latest.
Article 6 – GUARANTEES
H.R. guarantees that the Products purchased by the Customer are suitable for normal and predictable use and are free from detectable defects, attributable to errors of equipment, execution or manufacture.
The conformity guarantee of the above-mentioned delivered products is the legal guarantee, to the exclusion of any other commercial guarantee. This however does not prejudice any commercial guarantees offered to the Customer by H.R.’s suppliers themselves.
The duration of the conformity guarantee is two years from delivery of the Product. If the lack of conformity appears more than 6 months after the delivery of the good, the Customer is obliged to prove that the defect existed at the time of delivery. The Customer must report to H.R. any lack of conformity immediately and not later than two months after the appearance of this defect, subject to forfeiture of the conformity guarantee. Proof of the time of appearance of the lack of conformity is the Customer’s responsibility.
In the event of a lack of conformity, H.R. shall, as it chooses, either repair or replace Products not in conformity. If replacement by an identical Product is impossible or disproportionate, the defective Product shall be replaced by a functionally equivalent Product.
If both the replacement or the repair of the defective Products are impossible or impose on H.R. disproportionate costs or inconvenience, H.R. shall be able to refund the Customer the price of the Products in question (subject to deduction of compensation for the use that the Customer has had of his good since its delivery, to the exclusion of any other indemnity or compensation).
The Customer shall return the defective Products in accordance with the instructions provided by H.R.. The return costs shall be borne by H.R., provided that the said instructions have been complied with by the Customer.
If it appears that the Products returned by the Customer are not defective, that the faults in question did not exist at the time of delivery of the Products or that the defects in question have been caused by the Customer’s actions, by normal wear, by a lack of maintenance or precaution or by use that is contrary to the operating instructions or that is inappropriate, H.R. shall be permitted to:
Either request that the Customer take back his Products in their current condition. In this case, the Customer shall take them back at his expense;
Or request that the Customer have the defective Products repaired, at the Customer’s expense. In this case, H.R. shall send the Customer a quote for the repair and shall repair it after acceptance of the quotation by the Customer. H.R. may require the Customer to make an advance payment for all or part of the repair work.
Article 7 - LIMITATION OF LIABILITY
The Customer shall make use of the Products in a responsible way and in accordance with the operating instructions. Failing this, H.R. disclaims all liability in the case of bodily injury to the person or harm to the property of the Customer or to third parties.
In any event, H.R.’s contractual and non-contractual liability is limited to direct and foreseeable damage, provided that this is proved by the Customer. Any other liability of H.R. is excluded.
In particular, H.R. shall in no event be liable for consequential damage such as economic and financial losses, loss of anticipated profits or expected savings, loss of customers, of image, of data or of chances.
In any event, the total liability of H.R. under this contract shall be limited to an amount equal to the amount of the Customer’s order.
Article 8 - FORCE MAJEURE
H.R. shall not be obliged to perform its obligations in the event of force majeure, which includes for example, natural disasters, actions and orders by public authorities, acts of terrorism or war, unavailability of the electricity or telecommunication services networks, the failure of a supplier or partner, accidents and diseases, as well as any other event which could not reasonably be foreseeable and overcome by H.R..
In the event of force majeure, H.R.’s obligations are suspended until the disappearance of the circumstances preventing their performance. If the state of force majeure lasts for more than 30 days, each party has the right to terminate the contract by informing the other party. Where appropriate, the Customer shall be refunded for payments made, to the exclusion of any other indemnity or compensation.
ARTICLE 9 – INTELLECTUAL PROPERTY
H.R. remains the sole owner of the intellectual property rights relating to the Products. The Customer does not acquire, by purchasing the products, any intellectual property right of any kind over the Products purchased.
“HIND RABII” is a Benelux registered trademark, the exclusive property of H.R.. No stipulation of these GTC may be interpreted as making any transfer of intellectual property rights over these signs to the Customer’s benefit.
The Customer shall refrain from taking any action which may, directly or indirectly, harm H.R.’s intellectual property rights.
ARTICLE 10 – APPLICABLE LAW AND COURT WITH JURISDICTION
The GTC are governed by Belgian law.
The Commercial Court of Liege, Liege division, alone has jurisdiction to hear any dispute relating to the formation, interpretation and performance of the GTC. The Customer, regardless of his place of domicile or residence, shall not challenge the applicable law or the subject-matter and territorial jurisdiction of the judge designated as having jurisdiction in application of this article.