The following general conditions apply to all our sales. These terms and conditions are complete with our offers and confirmations. They only apply to the exclusion of all conditions stated in the price request or in the order of the buyer. In case of dispute on this point, the buyer is obliged to notify the seller within three days after receipt of the confirmation, if not he is supposed to agree with our sales conditions. Deviating conditions are only valid after written and explicit acceptance by us. The nullity of one or more provisions does not imply the nullity of the agreement.
Explicit Resolute Clause
If the buyer does not fulfil his obligations in this or in any other contract (payment among other conditions), we can suspend our contracts by operation of law and without notice of default in any contract, or the contracts as dissolved. It is enough that we express ourselves by letter or e-mail. Immediately we can legally and without further notice of default demand all goods sold, delivered and still present. The buyer must provide immediate access to his warehouses and / or place all available goods (of any contract) at our disposal at our registered office.
1. Creation of the contract.
1.1 The contract is deemed to have come into being when we, after receiving an order, have sent a written confirmation.
1.2 Our representatives or agents cannot connect Bv Osu Gifts.
2.1 The delivery period is determined subject to unforeseen circumstances and indicated with a reasonable approach. Unless otherwise agreed, the confirmed delivery times are not strictly binding, purely indicative. The buyer cannot therefore invoke the exceeding of the delivery term to claim compensation or to cancel the order in whole or in part.
2.2 Each delivery is done "ex-factory". The transport of the goods takes place at the expense and risk of the buyer, even in the case of Delivery At Place.
2.3 All risks are for the buyer after delivery of the goods to the buyer or the carrier, but in any case after leaving our facility. In the event of a delay in the collection or dispatch of the goods by a circumstance for which the responsibility does not lie with us, the risk is transferred at the moment that they are at the disposal of the buyer. The goods are not insured by the seller.
2.4 Publicity print on articles: if the buyer does not give specific indications in his order, the advertising text will be discretely made to our personal taste.
3.1 All complaints must be duly substantiated directly to our company by registered letter within eight working days of receipt of the delivery or execution date.
3.2 The submission of a complaint, whatever the reasons for it, and even if it was done within the prescribed period, the buyer may not allow the payment after the normal due date to postpone.
3.3 Return of goods will only be accepted subject to our prior written agreement and must in any case be made free of freight.
4.1 Our invoices are payable in Kortrijk at the expense and risk of the buyer and in the absence of express provision concerning the payment - payable cash without any compensation, deduction or discount.
4.2 In case any change in the situation of the buyer occurs, we have the right to demand guarantees or to cancel the purchase. Not paying an invoice gives us the right to break the current sales agreements for the remaining deliveries, without any formality and subject to our claim for compensation. Moreover, in the event of non-payment of an invoice or any sum due, all other outstanding debts will also become due and payable.
4.3 In the event of full or partial non-payment of the invoices on the due date, an interest of 8% per annum shall be owed by operation of law and without notice of default on the outstanding amount. In addition, the debt balance is increased after a vain notice of default with a flat-rate compensation of 10% of the outstanding amount, with a minimum of 50 euros and a maximum of 2,500 euros, even if grace periods are granted.
4.4 The supplier remains the owner of the goods until full payment of the price.
5. Force majeure
In case of force majeure such as a natural disaster, fire, strike, ... (no exhaustive list) the supplier is entitled to terminate the agreement immediately and legally, or to adapt the performance of the agreement to the circumstances, and this without being obliged to pay any compensation.
All disputes concerning the contract concluded are governed by Belgian law and only the court of Ghent, Kortrijk department is authorized to take knowledge of it.