Terms and conditions
- By the mere fact of the order or the price quotation, the customer acknowledges that he has been informed of the general sales conditions. He declares to know and accept it. The general sales conditions can be found on the back of each document and on our website www.woodstoxx.be. Each order form is made up in duplicate.
The general sales conditions are printed on the back of both copies. An original document is provided to the customer, both parties confirm the value of both copies as written proof. The opposing general sales conditions of the other party can not invalidate these terms and conditions and do not bind us, unless the other party has explicitly pointed out to us and we have accepted its conditions in writing.
- If a contract is signed by multiple parties then all parties who sign the order are held jointly and indivisibly liable in the implementation and payment of the works.
- Each quotation is drawn up subject to omissions or calculation errors and is valid until the expiry date stated on the quotation. Each quotation is confidential unless it is accepted in time and in full by the customer. Our company is not responsible for the accuracy of measurement if the customer performs the fitting him/herself. This measurement is done entirely at the risk and responsibility of the customer if in hindsight the actual dimensions do not correspond with the measurements as recorded by the customer.
- Telephonic or verbal orders as well as orders by e-mail are not valid without our written confirmation and an advance payment. A written confirmation which is not noted by registered mail and refuted within 5 days of receipt, is binding (this also applies to online products). If the buyer nevertheless wishes to cancel the contract, an amount equal to 20% of the agreed sales price will be charged for stock products. In the case of goods that are not stocked and custom work, the full amount of the agreed sales price will be charged.
5. DELIVERY TERM
- The determined delivery period is provided as information only and is not a guarantee of delivery on the given date. It is assumed by the agreement that if the delivery term has lapsed, the purchase will not be cancelled in relation to the buyer and that no penalty or compensation for delay, in the aforementioned situation can be imposed on the seller. Any loss, theft or other causes of destruction of delivered goods are always at the expense of the customer.
- The guarantee is set by the producer of the delivered goods; it is limited to the replacement of defective parts. In any case, the buyer loses his right of recourse if he makes any changes to the goods supplied. Damage caused by changed climatic conditions can in no way be recovered from the seller.
- All our goods are sold, taken and accepted in our warehouses. Transport is done at the risk of the recipient, which is also the mode of delivery.
- a/ Our invoices are, unless otherwise agreed in writing, payable in cash and without discount at our registered office, the expiry date is the date stated on the front of the invoice.
- b/ If the installation is done by our services, the payments are arranged as follows: - 1st advance invoice of one third upon acceptance of the contract, sign the price quote or order form, to be paid in cash, at the latest 8 days after the document date; - 2nd advance invoice of one third one week prior to commencement of the work, payable in cash, at the latest 8 days after the document date; - Pay the outstanding balance in cash, at the latest 8 days after the document date, payable in cash.
- c/ All our invoices are deemed to have been accepted if they have not been disputed by registered letter within 8 days of receipt.
- d/ Any amount remaining unpaid on its due date shall automatically and without prior notice of default incur an interest equal to the statutory interest rate increased by 7.75 points, the same will apply if accepting a repayment plan or periods of respite. In addition, each amount remaining unpaid on the due date, by way of legal compensation and subject to prior notice, will be increased by 10% by a minimum of €125 and a maximum of €1875, even if terms of respite or instalments have been granted. The acceptance of bills (of exchange) and cheques does not imply novation and does not in any way affect the applicability of these general terms and conditions. Expenses related to unpaid bills (of exchange) or cheques as well as other collection costs are not included in this flat-rate compensation and will be charged to the purchaser separately. e/ The non-payment on the due date (of a part) of the invoice or part of the contract, makes the balance of all accounts, bills (of exchange) included, immediately due and payable. Additionally, we reserve the right to stop further deliveries. We also reserve the right to consider the agreement legally and without prior notice as being dissolved in its entirety or the part not yet implemented. All this without prejudice to the payment of compensation by the defaulting customer.
- f/ All changes in the VAT rate between the order on the one hand and the invoicing on the other hand will be passed on to the customer in his favour or to his disadvantage.
- a/ The customer must invoke any visible defects in writing and by registered mail within 8 days after delivery and/or fitting.
- b/ For the period of one year after delivery and/or installation, we are liable for hidden defects. However, any legal claim based on hidden defects is admissible only if it is instituted within 14 days of the day the customer became aware of the defect. Not considered a visible or hidden defect: slight differences in colour or texture or discoloration of the wood or the finish, due to erroneous climatic conditions indoors, the moisture content must be between 45 and 65% and the temperature between 15 °C and 22 °C. Also fine cracks on the surface of terraces and façade cladding as a result of unfavourable weather conditions. Just as in varying lengths in the delivered wood (the longest lengths are always stated on our specifications).
- c/ The appearance of colour differences, the occurrence of openings and/or open joints, surface variations, delamination, loose boards, deformations caused by erroneous
climatic conditions or due to wear of the floor are not covered by the guarantee.
- d/ Complaints relating to our products are not admissible if the installation instructions proposed by us have not been complied with and the accessories have not been used in the prescribed manner and if the finished floor parts have not been treated with the maintenance products proposed by us and provided that the correct application of our imposed maintenance plan as stated on the website www. woodstoxx.be.has been followed. Customers must be able to provide proof of proper maintenance on the basis of sales invoices for the maintenance products we have proposed.
- e/ The customer accepts slight deviations between on the one hand the order on the basis of the documentation, the samples, the models and the demonstration of goods and on the other hand the delivery thereof so that the former elements are purely indicative and and where the customer also waives any form of redress in this matter.
- In case of dispute, only the Courts of the judicial district of Kortrijk and the Justice of the Peace of the canton of Menen are competent. Only Belgian law applies to our contracts and in the settlement of all disputes.
11. RESERVATION OF OWNERSHIP
- The goods remain the property of the seller as long as the buyer has not fully paid the purchase price due to the seller, even if the goods were processed. We can decide to re-deliver supplies without prior notice if the set payment conditions are not complied with. If the customer does not collect the goods within one month after the order date, the customer must pay an advance of 1/3 per month on the order, with a maximum of 2 advances of 2/3. If the customer has not yet collected the goods one year after the order date this will be regarded as a cancellation of the order by the customer and we reserve the right to sell the goods and collect the advance from the customer.
12. ACCESS TO THE BUILDING PLACE AND GENERAL FITTING REQUIREMENTS
- a/ The area to be fitted must be completely vacated. Potential moving of furniture is done at the full responsibility of the customer, even if we are appointed by the customer to do this. The old floor covering must be completely removed, unless otherwise agreed.
- b/ Areas in which parquet floors are to be installed must be adequately ventilated and heated. The moisture content must be between 45 and 65% and the temperature between 15 and 22°C. This must also be respected following installation to ensure sound condition of the wood.
- c/ Water, electricity, heating, sanitary facilities and lifting equipment to be provided by the customer. d/ We are not responsible for damage by third parties during the work.
- Obvious mistakes or errors in the offer are not binding for the contractor.
- The liability that we may incur as a result of non-compliance with an obligation in the framework of the agreements concluded by us derives from a best efforts obligation and is determined as follows:
Our liability is in any case limited to a maximum of the value of the agreement concerned, excluding VAT and costs, whereby we always reserve the right to either replace or repair the goods and/or installations within a reasonable period, or compensate the value thereof. In any case, we can not accept any liability for: Any possible indirect damage that the customer would suffer as a result of non-fulfilment of the agreement such as Financial and commercial loss, loss of production, loss of profit, increase of the general costs, planning failure, loss of clientele, loss of reputation ... Damage caused in whole or in part by equipment or tools supplied, installed or made available by the customer or third parties, as well as damage wholly or partially caused by any other element present in the customer's company or brought into the customer's company following establishment of the agreement. Damage that the customer would suffer following claims or third party claims. Damages from material other than that which was provided by us pursuant to the agreement.