General Terms and Conditions
Article 1 - Definitions
The following is understood in these General Terms and Conditions:
- Withdrawal period: the time limit within which the consumer can make use of his right of withdrawal;
- Consumer: any natural person who is acting for purposes which are not related to his trade, business or profession and enters into a distance contract with the contractor;
- Client: any natural or legal person who purchases products and/or services from the contractor;
- Day: calendar day;
- Durable medium: any medium that enables a client or the contractor to store information that is personally directed to him in a manner that makes future consultation and unaltered reproduction of the stored information possible.
- Right of withdrawal: the possibility for the consumer to terminate the distance agreement within the withdrawal period;
- Contractor: the natural or legal person who offers products and/or services to clients at a distance;
- Distance contract: a contract in which one or several distance communication techniques are exclusively used within a system created by the contractor for the distance sale of products and/or services, until the conclusion of the contract;
- Distance communication technique: any mean used for the conclusion of a contract when the client and the contractor are not present simultaneously at the same location;
Article 2 - Identity of the contractor
Houtindustrie Royer N.V. acting under the following names: Houtindustrie Royer N.V. and/or Gardibo, and/or Royer Pallets
- Business address: Luikersteenweg 562; 3800 Sint-Truiden; Belgium
- Visiting address: Rellestraat 3024; 3800 Sint-Truiden; Belgium
- Telephone number Belgium: +32 11 789 300 (local rate)
- Business hours: every working day from 9:00 AM to 12:00 PM and from 1:00 PM to 5:00 PM
- Business number (also VAT number): BE 0407.562.821
Article 3 - Applicability
These General Terms and Conditions apply to all offers of the contractor and to all distance contracts concluded between the contractor and the client.
Prior to the conclusion of a distance contract, the text of these General Terms and Conditions shall be provided to the client. In the event this is not reasonably possible, it shall be stated, prior to the signature of the contract, that the General Terms and Conditions are available at the contractor's office and will be sent to the client upon his request, as soon as possible and without charge.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and prior to the conclusion of the distance contract, the text of these General Terms and Conditions can be sent electronically to the client in such a manner that this text can be easily stored by the client on a durable data medium. In the event this is not reasonably possible, prior to the conclusion of the contract, the General Terms and Conditions shall be made available using any electronic mean and the General Terms and Conditions shall be sent electronically or using any other method to the client, without charge.
The client hereby confirms that all necessary information was provided to him in order to enter into a distance contract with the contractor. The client hereby confirms that he has read these General Terms and Conditions before entering the contract. The client hereby confirms that prior to giving his final agreement, he had the opportunity to examine and modify, if necessary, the offer object of the contract. In addition, the client certifies that he has full legal capacity.
The client hereby declares to expressly agree with the fact that the conclusion of a contract via Internet or email has the same value as a simple contract. In any event, a full or partial payment shall act as proof of a contract.
Article 4 - The offer
If an offer is subject to a limited validity term or specific conditions, this shall be expressly indicated in the offer.
The offer shall include a complete and detailed description of the products and/or services offered. The description shall be sufficiently detailed so as to enable the client to fully evaluate the offer. If the contractor uses pictures, they shall be a true representation of the products and/or services offered. Any obvious error in the offer shall not bind the contractor.
Any offer includes such information that is clear to the client in terms of rights and obligations associated with the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the delivery costs, if any;
- the manner in which the contract will take effect and which dealings are therefore necessary;
- whether or not the right of withdrawal applies;
- the payment method and the delivery or execution manner of the contract;
- the acceptance term of the offer and the validity period of the price;
- the price of remote communication in the event the costs of using a remote communication technique are calculated on a different basis than the usual basis tariff for the communication medium used;
- whether the contract will be archived after being completed and, in that case, how the client will be able to access it;
- the manner in which the client, prior to the conclusion of the contract, can control and, if necessary, correct the information provided for the contract;
- if applicable, the languages, in addition to Dutch, in which the contract can be written;
- any code of conduct to which the contractor is subjected and the way the client can access these codes of conduct electronically;
Article 5 - The contract
The contract takes effect at the time of acceptance of the offer by the client and of compliance with the related terms and conditions. If the client has accepted the offer electronically, the contractor shall immediately electronically confirm receipt of the acceptance of the offer. The client is entitled to terminate the contract insofar as receipt of such acceptance has not been confirmed.
If the contract is concluded electronically, the contractor shall take appropriate technical and organizational measures for the protection of electronic data transfers and he shall ensure a safe web environment. In the event the client can pay electronically, the contractor shall apply appropriate security measures.
The contractor can, within the law, gather information to verify that the client can comply with his payment obligations and take notice of any facts and factors that are of interest for a responsible remote conclusion of the contract. In the event the contractor, based on this investigation, has reason to refrain from entering the contract, he is entitled to refuse an order or request or to subject the contract to specific conditions.
The contractor shall provide the following information regarding the product or service to the client in writing or in such manner that can be reasonably accessed and stored by the client on a durable data support:
- the visiting address of the contractor's offices where the client can address a complaint, if any;
- the conditions under which and the manner in which the consumer can make use of his right of withdrawal and a clear indication regarding the expiration of the right of withdrawal;
- information regarding customer service and warranty;
- information included in article 4 of these General Terms and Conditions unless the contractor has provided such information to the client prior to the execution of the contract.
Article 6 - Right of withdrawal in case of product delivery
When purchasing products, the consumer has the option to terminate the contract without giving reasons within 14 (fourteen) days. This term begins on the day following receipt of the product by the consumer or by a representative designated and notified in advance by the consumer to the contractor.
During this period, the consumer shall carefully examine the product and the packaging. He shall unpack or use the product only as necessary to be able to assess whether he wants to keep the product. If he chooses to use his right of withdrawal, he shall return the product with all its accessories and - if reasonably possible - in its original condition in accordance with the reasonable and clear instructions communicated by the contractor, and no later than within 14 (fourteen) days as previously described in this article.
Article 7 - Costs in case of withdrawal
If the consumer uses his right of withdrawal, the costs of shippings and returns shall be at his expense.
If the consumer has paid a certain amount, the contractor shall reimburse such amount as soon as possible but no later than 30 days following the return.
Article 8 - Exclusion of right of withdrawal
If the consumer does not have a right of withdrawal, this can only be decided by the contractor, provided the contractor has clearly indicated this exclusion in the offer, at any rate well before the conclusion of the contract.
Exclusion of the right of withdrawal only applies to the following:
- products provided by the contractor according to client specifications;
- products that are clearly of a personal nature;
- products that by their nature cannot be returned;
- products that could rapidly deteriorate or spoil;
- products of which the price is linked to financial market fluctuations over which the contractor has no control;
- products that are incomplete;
- products damaged by the client
Article 9 - The price
Prices, taxes, shipping charges, insurance and installation of the products and services of the contractor are stated on the offer, on the receipt confirmation of the offer acceptance, and on the invoice. During the validity period stated on the offer, prices of products and/or services will not increase except as a result of changes in VAT tariffs and other taxes imposed by the government.
The prices mentioned in product or service offers are VAT inclusive.
Article 10 - Compliance and warranty
The contractor hereby certifies that the products and/or services are compliant with the contract, the specifications stated in the offer, the reasonable reliability and/or usability requirements, and the provisions laid down by law and/or government regulations. If agreed, the contractor also certifies that the product is suitable for other than normal use.
A warranty provided by the contractor, manufacturer or importer shall not alter the legal rights and claims that the client can assert against the contractor.
Article 11 - Delivery, execution, risk, and property
The contractor shall exercise the utmost care with regards to the acceptance receipt and in the execution of product orders, as well as in the assessment of requests for services.
The place of delivery is the address that the client has communicated to the company.
With consideration of what is provided in article 4 of these General Terms and Conditions, the company shall execute accepted orders with appropriate haste although no later than within 30 days unless a longer term has been agreed. If the processing is delayed or if an order cannot be fully or partially executed, the client shall be notified of such situation no later than one month following the order date. In such case, the client is entitled to terminate the agreement free of charge.
In the event of a termination, the contractor shall reimburse the amount paid by the client as soon as possible although no later than within 30 days following termination.
In the event the delivery of a product ordered appears to be impossible, the contractor shall strive to make an alternate product available. No later than upon delivery, a clear and understandable notification shall be provided to the client, stating that an alternate article is being delivered. The right of withdrawal cannot be excluded in case of alternate items. In such case, the return costs shall be payable by the contractor.
The risk of damaged and missing products rests on the contractor until the moment of delivery to the client or to a previously designated (and notified to the contractor) representative unless expressly agreed otherwise.
In all cases, deliveries occur under the suspensive condition of full payment. The property right on the delivered merchandise is hence transferred upon full payment. Until that moment, our products must be insured, stored separately, and may not be modified, pledged, or sold. Until the moment of full payment, the risk of loss of, or damage to the merchandise shall be borne by the client. In the event of a late payment, the contractor is entitled to collect the delivered products at the risk and expense of the client, even if they have been installed or have become immovable, and this without judicial intervention. If the delivered products are sold prior to the transfer of property, the client becomes an authorized representative of the contractor, and the income resulting of said sale shall be entitled to the contractor. The contractor is entitled to summon to obtain the paid price prior to the property transfer.
Article 12 - Payment
Payment shall be made no later than the time of delivery of the products, or no later than the performance of services or, if agreed, within 14 calendar days following the invoice date. The contractor can defer the delivery of products or services until full payment. In case of non-payment of the invoice within the mentioned payment terms, the amount due shall produce, in accordance with the law and without notice of default being required, a conventional interest rate of 12% per year. Moreover, all amounts due shall be increased by a compensation amount of 10% of the invoice amount, with a minimum of €50 per invoice, as compensation for extrajudicial recovery and administration costs. All this over and above all costs related to a lawsuit contingent and its implementation, and all costs and lawyer's fees incurred by the contractor in the extrajudicial and judicial steps towards recovery. In the event of non-payment of an invoice within the payment terms mentioned, the balance due under all other invoices, regardless of their maturity and even if they are not yet due, shall be fully payable by law, and their amounts shall be increased with the aforementioned fees.
The client has the duty to immediately notify the contractor of any inaccuracy in the data or payment information provided.
Article 14 - Complaints
The contractor implements a well-known complaint procedure and processes a complaint in accordance with such procedure.
Complaints regarding the performance of the contract shall be fully and clearly described and submitted to the contractor within 7 (seven) days after the client has discovered the defects.
Complaints submitted to the contractor are answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the contractor shall send an answer and receipt confirmation to the client within 14 days, with an indication of when the client can expect a more detailed answer.
Article 15 - Termination
If a party fails to perform one or more undertakings, the party that is first to take action is entitled either to demand forced execution pursuant to these General Terms and Conditions, or to terminate the agreement by law and without notice by means of a registered letter. The following, among others, are considered deficiencies entitling termination:
- Failure to pay timely;
- Commitment of a material or persistent breach of these General Terms and Conditions, and failure to remedy this within thirty calendar days of its registered notification;
- The fact that a party has become insolvent or is not able to pay his debt when they are due;
In the event of termination by the contractor, the client will be required to pay the products already delivered or services performed, and in addition to compensation for all damages, the client shall be required to pay an absolute fixed minimum of 30% of the agreed price including VAT.
Article 16 - Applicable law and jurisdiction
These General Terms and Conditions are subject to Belgian law and to the exclusive jurisdiction of the competent court of Hasselt.
Article 17 - Miscellaneous
If any part of these General Terms and Conditions is declared by a court to be invalid or unenforceable, the remainder of the terms and conditions shall remain valid. The contractor may subcontract its obligations to a competent third party. For the rest, no party may assign or transfer rights or obligations of any nature whatsoever.