General conditions

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An order, including those noted by our agents or representatives, is only binding if it is expressly accepted by us in writing. Cancellation of the order is not possible unless after prior written agreement. [OR: Cancellation of the order can be done up to 2 days after the order is placed. In the event of cancellation, any deposits paid will be refunded, except for a lump sum of EUR 20.00 for administration.

Goods/services will be delivered within the time period specified in the agreement. Goods remain the property of the seller until full payment of principal, costs and interest.If goods are delivered by the seller, risk passes at the time of delivery. If goods are to be picked up by the customer, risk passes at the time of sale.

In the event of late delivery, the customer must give the seller notice of this and propose an appropriate deadline for delivery. If the seller fails to deliver within that period, the customer may cancel the agreement free of charge.

The customer must ensure that the services and/or the goods can be delivered and installed by the seller in a normal manner at the agreed place and time, and thus ensure, among other things, the accessibility of the delivery place. If this is not complied with, the customer shall be obligated to compensate the seller for all damages, including waiting hours, safekeeping costs and preservation costs.

The customer should immediately check the goods/services delivered. As for any defects in the goods delivered, the customer has a legal warranty of two years from delivery, in accordance with article 1649quater B.C. This provision also applies to placements provided by the seller. The customer who finds a defect, and wishes to invoke the legal warranty, must notify the seller of the defect within two months from the date the defect is found by the customer. After the warranty period, the seller is only responsible for hidden defects that render the item unsuitable for the use for which it is intended, insofar as the goods have not been processed in the meantime and insofar as the seller knew or should have known of the defects. The customer notifies the seller of the existence of the hidden defect by registered letter with a detailed description of the defect at the latest within 7 calendar days. Complaints for hidden defects do not suspend the payment obligation on the part of the customer.

The seller is not obliged to pay any compensation whatsoever, which would directly or indirectly result from goods delivered or sold by us, except in case of gross fault or intent. This does not affect the consumer’s legal rights under Article 5. The vendor’s liability is limited in all respects to the invoice value of the goods/services provided. In no event shall the seller be held liable for any indirect damages such as, but not limited to, loss of revenue, loss of contracts, cost of capital, limitation of returns or any other losses or consequential damages whatsoever, both to the customer and third parties. However, this limitation shall not apply in the event of death or bodily injury to the customer resulting from acts or omissions by the vendor.

Unless expressly agreed otherwise in writing, the invoice is payable in cash. In case of non-payment of all or part of the price, the seller will give the customer notice to pay the amount due within an appropriate period of time. Late payments from customers with a company number charge interest from their due date, automatically and without notice of default, at the interest rate as determined in Article 5 of the Act of 2 August 2002 on combating late payment in commercial transactions. In the event of late payment, the customer is also due a lump sum compensation of 10% with a minimum of EUR 120.00. If the customer is a private individual/consumer, late payments will only accrue interest and compensation if payment is not made within 14 calendar days after receipt of a free payment reminder. Interest is due at the interest rate as determined in Article 5 of the Act of 2 August 2002 on combating late payment in commercial transactions and is calculated from the day after sending the payment reminder. The amount of the lump sum compensation is the maximum amount as determined in article XIX.4 CEL (indexed if necessary). The private customer is entitled to the same compensation and interest as provided above in favor of BERGIERS BV in the event of default by the latter.

Any non-payment makes the outstanding invoices payable and gives the seller the right, after notice of default, to demand a lump sum compensation, insofar as this has been expressly determined, the amount of which may not exceed: a) 20 euros if the balance due is less than or equal to 150 euros. b) 30 euros plus 10% of the amount due on the bracket between 150.01 and 500 euros if the balance due is between 150.01 and 500 euros c) 65 euros plus 5% of the amount due on the bracket above 500 euros with a maximum of 2000 euros if the balance due is higher than 500 euros

If one of the parties fails to fulfill its contractual obligations, the other party shall have the right, after notice of default, to either suspend its obligations or terminate the agreement without judicial intervention, if the notice of default is not acted upon or not usefully acted upon within 3 working days.