APPLICABLE TERMS AND
CONDITIONS OF SALE
1. GENERAL PROVISIONS - ENFORCEABILITY
1.1 These general terms and conditions govern all orders for furniture, decoration, supplies and accessories, equipment or services made from Event Artisans BV ("Maison Event Artisans") whose registered office is located at Boskapellei 8, 2930 Brasschaat (Belgium) and registered with the Crossroads Bank for Enterprises (CBE) under number 0832.760.242 (hereinafter referred to as "the seller"), to the exclusion of all documents and general terms and conditions issued by the Bind.
These terms and conditions supersede all previous terms and conditions applicable between the parties.
By placing an order with the seller, the client acknowledges having read beforehand and accepts the application of these general conditions.
1.2 The French version of these terms and conditions is the official version and prevails over any other version provided for translation.
1.3 These general terms and conditions form an integral part of the contract with the client. All clauses in opposition to those contained herein are considered unwritten unless otherwise agreed in writing in advance.
Unless expressly stated otherwise in writing, any special conditions that have been the subject of a prior written agreement between the parties supplement these general conditions and do not entail the non-application of the latter to the relations between the parties.
1.4 In the event that one or more provisions of these general conditions are declared null and void or unenforceable, in whole or in part, the nullity or unenforceability of one or more clauses will not affect the validity of the other provisions of these general conditions.
The clause(s) concerned by the nullity or unenforceability shall be deemed unwritten and shall be replaced by one or more valid provisions of equivalent economic effect and reflecting as much as possible the common intention of the parties.
1.5 The Products and Services of Event Artisans ("Maison Event Artisans") are exclusively intended for professional customers. The client must be of legal age and is therefore a professional. In the context of these general conditions, the term "professional" refers to the concept of company as defined in Article L.1 1° of the Belgian Code of Economic Law (CDE).
1.6 Event Artisans BV reserves the right to modify its conditions at any time. In this case, the conditions applicable to the link are those in force on the date of order of the link.
1.7 The client may contact Event Artisans BV ("Maison Event Artisans") by e-mail to the hello@event-artisans.com address or by post to Event Artisans BV ("Maison Event Artisans"), Boskapellei 8, 2930 Brasschaat (Belgium).
2. FORMATION OF THE CONTRACT
2.1 Unless expressly stated otherwise in writing, our prices are exclusive of VAT (and other levies that have been or will be imposed by the government) and excluding transport costs. All our prices are in euros and the customer agrees to execute all payments in the same currency (in euros).
The prices displayed are subject to change, particularly in the event of an increase in the price of raw materials. Consequently, the customer will not be able to take advantage of any more advantageous prices applied to previous orders.
The prices in force at the time of the order are communicated to the customer before said order becomes final and binding in accordance with Article 2.3.
2.2 Catalogues and other commercial or technical documents cannot be considered as constituting a definitive offer and are purely indicative. The seller's offers are non-binding and are binding on the seller only after written confirmation from him.
The seller reserves the right to rectify any material errors in its offers at any time. Calculation or evaluation errors in the offers provided by the seller cannot be held liable when the information on which these offers are based has been provided by the customer or a third party at the customer's request.
2.3 Any request for quotation must be sent exclusively by e-mail to the address hello@event-artisans.com. When applying, it is required to indicate all useful information such as the reference of the product (s), the quantity, the terms of delivery and / or withdrawal at our warehouse / store and to complete the customer form (professional) provided for this purpose.
Once the request has been received by our sales team, it will be processed as soon as possible and, subject to the availability of products, a price offer will be communicated to the customer.
All our quotations and offers are non-binding, unless explicitly stated otherwise by us. The indication of dimensions and/or weight, images and/or drawings, technical and/or chemical specifications, colour, type, quantity, composition and quality shall be considered approximate.
Unless otherwise stated on the offer, the offer is valid for 15 (fifteen) days from its dispatch. The contract is concluded as soon as the client accepts the offer in writing and without reservation. All orders must be placed in writing and, where applicable, accompanied by a deposit, the amount of which is specified in the offer.
2.4 An order binds the customer and becomes binding for the seller only after written confirmation from him or his representative.
Unless otherwise provided by mandatory law, the customer may terminate an order free of charge only if the request for termination is made by email (hello@event-artisans.com) or by sending a registered letter within five (5) working days from the order confirmation by the seller. In the event of a request for termination by the customer sent after the deadline, a cancellation fee corresponding to 50% of the price excluding VAT of the cancelled order is due by the customer.
In any case, this right of withdrawal is not applicable in the cases referred to in Articles VI.53. and VI.73 CRC. In any case, the products referred to in Articles VI.53, 3°, 4°, 5° and 6° CDE and VI.73, 3°, 4°, 5° and 6° cannot be subject to the right of withdrawal. CDE.
2.5 In case of force majeure, the seller is entitled to cancel the order, to temporarily suspend the execution of it until this case of force majeure has ceased, or to permanently terminate the sale. No compensation can be claimed by the customer in such a case. In particular, the following are considered as cases of force majeure : accidents, pandemics, strikes, lockouts, embargoes, wars, terrorist attacks or consequences of an attack, lack of raw materials, scrap, manufacturing disorders, change of formulation of products by the manufacturer and more generally any event of a similar nature affecting the seller or its suppliers and delaying or making impossible the performance of their respective obligations. This list is not exhaustive.
3. PAYMENT TERMS
3.1 All our invoices are payable, exclusively by bank transfer, within fourteen (14) calendar days from the date of issue. In the event of non-payment of invoices on their respective due dates, they shall bear interest automatically from the day after their respective due date at the rate of 12% per annum, without the need for prior formal notice, by way of derogation from Article 1146 of the Belgian Civil Code.
3.2 Pursuant to Article 1229 of the Belgian Civil Code, if an invoice is not paid on the due date, damages for the delay are fixed by mutual agreement at a flat rate of 10% of the unpaid amount with a minimum of €25 as a penalty clause, without prejudice to Article 1244 of the Belgian Civil Code.
3.3 The costs of formal notice by registered letter and court costs and bailiff will be borne by the client.
3.4 Any dispute relating to the invoice must be made by registered letter within eight (8) calendar days from the date of sending the invoice.
3.5 We are always entitled to demand a guarantee before delivery or any other performance of our obligations in the form of a bank guarantee for the fulfilment of payment obligations.
If the other party refuses to provide the guarantee requested by us, we are entitled to suspend our obligations under the contract until the requested guarantee has been provided or to terminate the contract in whole or in part, without prejudice to our other rights, including the right to claim compensation.
4. RETENTION OF TITLE
4.1 The seller retains his right of ownership over the products sold until full payment of the price and its accessories (possible costs, interest and penalties). Consequently, the customer is expressly prohibited from selling, assigning, pledging and in general alienating the goods that are the subject of the contract, before settling his account.
4.2 The seller may avail himself of this retention of title clause fifteen (15) calendar days after sending a formal notice to pay, by registered letter, addressed to the customer and remained without effect. The products must then be returned to the seller immediately and on request. In the absence of return, the seller may proceed ex officio and without prior notice to the recovery of the products at the exclusive expense of the customer.
4.3 In case of resale, the seller retains the possibility of claiming the price of the goods resold to a sub-purchaser. The retention of title is then carried over to the resale price.
4.4 In the event of late payment, the seller reserves the right to suspend its services that derive from this contract or previous or subsequent contracts, and to resume them, unless otherwise stated, as soon as payment is regularized.
4.5 The customer will be solely liable for the loss, even by fortuitous event or force majeure, of the products sold.
5. DELAY
5.1 Delivery times are indicative. No penalty can be claimed for late delivery. A delay in delivery cannot be considered as a reason for termination of the sales contract or give rise to the payment of damages, late penalties or cancellation of order.
5.2 Delivery times are automatically suspended in the event of non-compliance with the terms of payment by the customer or delay in information to be provided by him; The same applies to all cases of force majeure as referred to in Article 2.6.
5.3 We reserve the right to deliver in parts (partial deliveries) which can be invoiced separately.
6. RECEPTION – DELIVERY – TRANSPORT
6.1 The customer who wishes the delivery of the goods must transmit the delivery address and be available and present to receive the delivery and countersign the delivery note. Any delay related to the non-availability of the customer generates without prior notice, additional costs.
Delivery takes place at the doorstep of the Customer's home. The Customer undertakes to ensure that the place of delivery is easily accessible and that it allows the efficient and secure unloading of the goods (clear access, truck access, door or dock of (un)loading...).
6.2 If, on the other hand, the customer himself ensures the collection of the goods or takes care of the delivery himself by using the carrier of his choice, he must proceed within eight (8) calendar days of their availability in the seller's warehouse. Any delay in collection within this period will generate, without prior notice, storage costs of up to € 75 per day of delay.
In this case, and unless expressly stipulated otherwise by us, the products are considered as received and approved from our warehouse.
6.3 Our prices are EXW (or Ex-works) (Incoterms 2020) or any other Incoterms stipulated in the special conditions.
6.4 The transfer of risks related to the products to the customer takes place as soon as the products are taken over at the seller's warehouse, either by the customer or by the carrier designated by the customer or the seller.
6.5 In the absence of special instructions from the customer, in case the transport is done by us or intermediary, it will be done at best but without guarantee of choice of the cheapest way. The seller will ensure that the packaging of the products is adapted to the type of products and transport.
6.6 Claims relating to transport must be addressed directly by the customer to the carrier, even if the latter has been chosen by the seller, the seller's obligations being limited to the assignment of his rights to the carrier. The customer must therefore check the condition of packages and shipments of products on arrival in order to be able to exercise, if necessary, in good time, the remedies against the carriers.
6.7 The buyer must check the shipments upon arrival. In case of missing or damaged goods during transport, the buyer must make all necessary reservations on the delivery note upon receipt of said goods. These reservations must also be confirmed and documented in writing within 48 hours of delivery, by email and registered mail with acknowledgment of receipt. The complaint must set out in detail the defects found.
Unless otherwise provided by mandatory law, any dispute relating to the products and their compliant delivery must be made by registered letter within 48 hours of the date of delivery. No return of products is granted without the prior written consent of the seller.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 The agreement does not extend to the transfer of intellectual property rights.
7.2 Event Artisans BV ("Maison Event Artisans") retains the design and/or copyright and all other intellectual property rights and ownership of all documents, drawings, images, photographs, catalogues, drawings, samples, samples and models provided in the offer and/or in the execution of the contract.
7.3 Images, photographs, catalogues, drawings, drawings, samples, samples, models, etc. may not be copied or reproduced or made available to third parties.
7.4 The other party indemnifies Event Artisans BV ("Maison Event Artisans") against any legal claim by a third party based on or related to the allegation that the designs and similar developed by the other party itself infringe a valid intellectual or industrial property right.
8. CANCELLATION
8.1 Before the time of delivery, the other party may cancel his order in writing, after which the contract will be dissolved. If applicable, the other party owes us compensation in the amount of:
· 90% of what the other party would have had to pay in the performance of the contract if the termination of an agreement takes place by the other party, while the delivery date has been communicated to the other party.
· 30% of what the other party would have had to pay in the performance of the contract if no delivery date has yet been communicated to the other party at the time of cancellation by the other party.
8.2 Contrary to the provisions of Article 8.1, if contract work or special items have been developed and/or ordered for the benefit of the other party, the compensation in the event of cancellation amounts to 100% of what the other party should have paid in the performance of the contract, regardless of the reason or time of cancellation.
8.3 The percentages mentioned in this article are fixed, unless we demonstrate that the actual harm suffered is greater.
8.4 If, at the time of cancellation, we already owe costs to third parties, such as suppliers, in connection with the performance of the contract, we will in any case charge the other party in full, in addition to the compensation referred to in paragraph 1, the total amount to be paid by the other party never exceeding what the other party would have had to pay in the performance of the contract.
9. LIABILITY AND WARRANTY - CLAIMS
9.1 The seller draws the customer's attention to the fragile nature of the products that should be handled carefully and in accordance with their intended purpose.
9.2 The seller's liability is exclusively limited to the quality of the products sold. If this quality proves to be defective or non-compliant, the seller may not be required to compensate beyond the quantitative reimbursement of defective or non-compliant products.
In any event, without prejudice to other limitations provided for in these general terms and conditions and any mandatory legal provisions to the contrary, the seller's liability is limited exclusively to direct damage. In particular, the loss of opportunity, loss of profit, commercial loss, and the visual appearance of the products are not considered as direct damage.
Due to the special nature of our manufactures, we cannot guarantee the absolute conformity of a color or finish from one manufacture to another. No claims will be accepted for slight differences in the finishes or colors of materials, veins and colors of wood, metal patinas, ceramic enamelling, concrete tint, stone and marble veining, textures and shades of plaster. Wood, leather, stone and marble are natural materials that can have imperfections or variations in color. Solid wood pieces can, under the effect of heat, crack or open, the purchaser accepts this condition. Metal patinas are handmade and therefore cannot be exactly identical to each manufacture. Patinas change over time and can be altered by the use of chemicals. The goods will only be taken back after written agreement of the seller, if they are in good condition for resale and properly packaged.
The seller can in no way be held liable for indirect damage and damage resulting from the handling, use and / or conservation of the products, not in accordance with the instructions for use and conservation indicated on the labels and technical data sheets of the products sold. In this respect, it is the customer's responsibility to keep the products in good conditions of conservation and to manage his stocks with due care as well as diligently and appropriately. Under no circumstances could the seller be held responsible for improper storage of products by the customer or poor inventory management.
The seller can in no way be held liable for damages resulting from wear, improper or abusive use, faulty workmanship or faulty installation by the customer or third parties, faulty or negligent handling, overloading, unsuitable equipment and chemical, electronic or electrical impacts.
9.3 The seller does not provide a guarantee of eviction within the meaning of Article 1626 of the Belgian Civil Code, except with regard to eviction resulting from an act exclusively attributable to the seller. Unless otherwise expressly agreed in writing, the seller does not provide any commercial guarantee.
10. AUTOMATIC TERMINATION CLAUSE
In the event of non-performance of its obligations by one of the parties, this contract will be terminated automatically without notice of default for the benefit of the other party, without prejudice to the damages that may be claimed by the defaulting party.
11. COMPETENT JURISDICTION AND APPLICABLE LAW
11.1 These general terms and conditions, as well as the contractual relations between the parties, are governed exclusively by Belgian law. The parties expressly agree to exclude the application of the Vienna Convention on the International Sale of Goods.
11.2 Any dispute relating to the opposability, execution, interpretation of these general conditions of sale as well as all the agreements to which they apply, which could not be resolved amicably, is subject to the exclusive jurisdiction of the courts of the judicial district of Antwerp (Belgium).
