Terms & conditions

Article 1: general

All offers, bids, and agreements that are established between the seller and the client are subject to the conditions hereinafter whereof the client declares that he has taken cognizance.

Other or contrary conditions of the client shall be deemed as non-written except when they were accepted expressly in writing by the seller, in which case they apply only for the agreement that constitutes the object thereof.  In no case can the silence of the seller be interpreted as an acceptance of other conditions.

Article 2: proposals, offers, and the like.

All proposals, offers, brochures, catalogues, and price lists in any form whatsoever do not constitute a bid and are presented without obligation on the part of the seller.

Article 3: minimum purchase, gift packets, supplementary articles, depletion of articles, personal labeling

For gift packets indicated in the brochures and catalogues as theme packets, a minimum purchase of identical gift packets applies to the amount of 2,500.00 euros, exclusive VAT.

For self-assembled personal gift packets, a minimum purchase of identical gift packets applies to the amount of 5,000.00 euros, exclusive VAT.

For all other gift articles, a minimum purchase applies of 500.00 euros, exclusive VAT.

If the client desires, other articles such as wine, greeting cards, and gadgets can be added to the gift packets for supplementary payment.  The supplementary price is determined in function of the kind of additional article that is desired and also in function of the number of additional articles desired.

If a specific article that constitutes part of a gift packet is no longer in stock or is depleted, then the seller is entitled to replace this article by another article of the same value.

If the client also wishes individual labeling with the name of the recipient, a supplement is also charged.

The request for delivery of supplementary articles and/or additional labeling must be submitted at the latest 20 working days before the specified delivery date. 

Article 4: particulars in the event of personalized gift packets

If the client wishes to have a personalized gift packet, such as one provided with a specific logo or design or specific printing, then the client must provide the seller the necessary information (concerning, for example, the logo, the design, the printing, ...) on a CD-ROM in the following formats: EPS (original format vectorized) or JPG with indication of the font and Pantone colors.

This information must be provided to the seller at the time of the order or, in any event, at the latest within eight days after the order. The non-timely communication of this information is deemed to be a cancellation of the order by the client, which gives rise to the application of Article 11 of these general conditions.

The seller will then prepare a design that he will provide to the client. The client then has the opportunity to propose changes in the design. Upon failure to transmit proposals for changes within the eight days after the receipt of the design, the client is deemed to consent to the design. The making of a design, as well as the possibility for the client to propose changes once in the design are included in the price of the order.

The seller is not responsible for the delivered logos, designs, and the like of bad or poor quality.

Depending on the background and the material, color deviation of up to 10% is possible.

For orders with an imprint, deviations up to 10% are possible in the delivered numbers. In such a case, the purchase price is increased or reduced in function of the numbers actually delivered.

Article 5: orders

Each order is always made with an official order form that the client receives from the seller. The client must return this signed order form within eight days at the latest.

The client’s own order forms apply only to the extent that they are accepted expressly and in writing by the seller.  In no case does the acceptance of the client’s own order form by the seller also imply the acceptance of the general conditions appearing on it.

Each order by the client - either by means of an official signed order form of the seller or by means of the client’s own order form that has been expressly accepted by the seller – irrevocably binds the client, who simultaneously undertakes to buy the goods.

Adaptations or changes by the client are no longer possible except in the event of prior written agreement by the seller. In such a case, an administration fee of a minimum of 50.00 euros is always charged.

Article 6: prices

The prices indicated by the seller are always exclusive VAT without additional contributions, taxes, surcharges, and costs such as Bebat, Recupel, and others, which are charged separately.

Article 7: time of delivery

The times of delivery of seller are approximate and informative.  They are respected as far as is possible.

The times of delivery are dependent upon, among other things, the timely delivery by the client of the information referred to in Article 4 of these general conditions.

By time of delivery is understood the period within which the goods leave the warehouses or workshops of the seller, thus not the period within which the goods must have reached the client.

Delays in the deliveries of the goods do not give rise to entitlement to damages unless expressly agreed to and accepted by the seller and can in no case give rise to termination of the agreement or refusal of reception of the goods.

Chance and force majeure entitle the seller to terminate his obligations in whole or in part or to suspend the execution thereof without any indemnity or notice. Each event that should occur with the suppliers or the subcontractors of the seller and that would make the execution of the agreement impossible is contractually deemed a case of force majeure.

Article 8: place and conditions of delivery

Goods are, unless agreed to otherwise, delivered and accepted at the company headquarters or workshops of the seller.

If one or more other places of delivery are agreed upon, the goods are always delivered on the ground floor. Agreed upon delivery places can no longer be changed without the explicit agreement of the seller and with payment of the surcharge (the minimum is an administration fee of 50.00 euros).

For deliveries in Belgium and also if the order is a minimum of 5,000.000 euros, exclusive VAT, the transport and delivery costs are borne by the seller.

For deliveries outside of Belgium and/or deliveries for orders of less than 5,000.00 euros, exclusive VAT, the transport and delivery costs are charged to the client.

The goods are always transported under the responsibility and risk of the client, also when no transport and delivery costs are charged to the client.

If the client does not provide shipping instructions on time, the seller reserves the right to invoice the goods as soon as they are ready at the company headquarters, workshops, or warehouses of the seller.  Moreover, the seller in such cases is entitled to increase the invoice by a storage fee of 1% per month as of the storage of the goods. Each month that has commenced is charged in its totality.  The seller also reserves the right to store these goods at the cost and risk of the client in a storage place and this after simple notification.

Article 9: complaints

The client must check the goods immediately upon delivery and determine whether or not the delivered goods correspond with the goods ordered.

Complaints regarding the delivered goods cannot be accepted if the seller does not receive them by registered mail within 48 hours after the delivery. In the absence of any complaint within this period, the goods are deemed to be in good condition, in conformity with the order, and without damage.  The use of the goods and even of a portion of the delivered goods presumes the acceptance thereof.

Complaints concerning hidden defects must be reported by registered mail to the seller within five days after the discovery of these defects.

In any case, every return of goods is always subject to the prior approval of the seller. The goods will be returned in good condition and at the risk and cost of the client within five days after the approval of the seller.

Article 10: electronic gadgets, batteries

Electronic gadgets costing up to 15.00 euros per item and batteries are checked for functioning by the manufacturer.

The seller does not execute checks himself and cannot be held responsible for the improper functioning of these articles.

Article 11: cancellation

An order can be cancelled only by the client provided express and written agreement of the seller. In the absence of such an agreement, the seller can either demand the purchase and integral payment of the goods or deem the agreement to be broken and demand an indemnity, contractually established at 50% of the purchase price of the cancelled order.

Article 12: advances, guarantees of payment

At his first order, the client must pay an advance of 30% of the amount of the order, exclusive VAT. The seller is in such a case only bound by the order after payment of the advance by the client.

The seller also reserves the right to demand guarantees of payment and/or deposits for deliveries of goods to be executed if the creditworthiness of the client turns out to be uncertain according to information known to the seller. The further execution of the agreement can be postponed as long as this is not provided.  Moreover, the seller is entitled if these guarantees and/or deposits cannot be provided within a reasonable period, which may not exceed 30 days, to deem, without prior notification, the agreement as unilaterally broken by the client and to charge an indemnity as indicated in Article 11 of these general conditions, being a contractual indemnity of 50 % of the purchase price of the order.

Article 13: conditions of payment

The invoices of the seller are payable immediately at the company headquarters of the seller unless agreed otherwise. Each unpaid invoice incurs ipso iure and without notification of default of payment interest at 1% per month or the interest rate specified in accordance with Article 5 of the Law of 2 August 2002 on combating late payment in commercial transactions if this is higher.

At the same time, the client, ipso iure and without notification of default of payment, owes a contractual indemnity equal to 10% of the invoiced amount with a minimum of 250.00 euros without prejudice to the right to reasonable damages for possible collection costs in accordance with Article 6 of the Law of 2 August 2002 on combating late payment in commercial transactions if this is higher.

In the event of bankruptcy, receivership, suspension of payment, request for postponement of payment –whether this request is formulated judicially or in a semi-official manner – the seller can exercise a right of retention on the sold goods and this to the full payment thereof. It is expressly agreed for subsequent executions of the various purchase agreements, the entirety of the deliveries will form a global guarantee to which the seller may exercise a right of retention until the full payment of the invoices.  

The non-payment on its due day of one single invoice generates the exigibility ipso iure of all other invoices, even if they are not yet due. At the same time, the seller reserves the right to suspend the execution of all current orders and this without prior notification of default and indemnity.

Article 14: retention of title

The sold goods remain the property of the seller until the full payment of the invoices related thereto, even if they have undergone any change whatsoever.

During the duration of the retention of title the risk and the storage of the goods will be transfered to the client, and this as from the moment the goods have left the company headquarters, the warehouses or the workshops of the seller.

The client undertakes to preserve the goods in such a manner that they cannot be confused with other goods and that they can be recognized as the property of the seller. The payments are first reduced from the invoices with regard to used goods or those that have been resold.

Article 15: applicable law

All agreements of the seller are governed by Belgian law.

Article 16: competent courts

Upon a dispute of whatever nature, only the courts of the place of the registered office of the seller are competent. All costs with regard to the collection via the courts, including honoraria, will be recovered from the client.

Article 17: modifications of general conditions

The seller reserves the right to modify these general conditions. The changes become immediately operative as of the notification of the client.

Article 18: priority of Dutch

These general conditions are drawn up in Dutch and in English. In the event of lack of clarity or a difference between the Dutch and the English texts of the conditions, the Dutch text has priority.