GENERAL TERMS AND CONDITIONS
- our offers and sales are made under the following terms and conditions, which are deemed as known and accepted.
- the offers are made without commitment. The orders noted by our representatives will only become binding on our company, after our confirmation.
- the delivery times are determined, barring unforeseen circumstances, without commitment. We can not, under any circumstances, be requested to pay compensation for a delay or late delivery. The expiration of a delivery period cannot entail cancellation of the order, without our express written agreement.
- the company reserves the right, at all times, to request an advance payment of 40% of the price of the amount stated in the quotation, before proceeding with the order.
- If the specification of orders does not reach us within a certain period, we are free to regard the order as null and void, without notice of default.
- the order for customization is only noted on receipt of the approved plan, signed by the buyer.
- all accepted order orders imply the obligation to fully accept the ordered goods. In the event of non-acceptance, after summons from the seller, or in case of refusal to pay the requested advance, the seller has the right to view the order as null and void and the buyer will owe compensation amounting to 20% of the total amount of the non-accepted goods. In the case of customized orders however, the full sum of the goods is charged, as this is ordered especially at the customer's request.
- our goods are delivered, accepted and definitively approved, before shipment in our facilities, and no objection can be taken into account after departure of the goods, even if the delivery is freight included, or in any other way.
- the goods are shipped at the risk of the buyer, even in the case of freight-free delivery.
- in certain cases we have the right not to execute the order, in whole or in part, such as war, strikes, lockout, epidemics, fire and accidents or any cause which would lead to a change in the economic situation.
- the signing of the delivery note on the site by the customer or his installer serves as acceptance of the delivered quantity and covers the visible condition.
- the use/processing of the goods is also equivalent to an acceptance of the goods delivered by us.
- we take no responsibility for the damage that would occur to the goods during storage on the site or during the installation.
- our liability, for whatever reason, is in any case limited to a maximum of the value of the goods on which the agreement was made. The customer indemnifies us against all external-party claims with regard to the deliveries that have been made which could cause this stipulated maximum to be exceeded.
- all natural stone types are always sold with their intrinsic natural characteristics. The customer is aware that natural stone can always contain natural organic impurities or other elements or substances that can cause a reaction (oxidation, dissolving, etc.) in combination with other substances, even when all precautionary measures have been taken into account. Natural stone also varies in color and structure due to geological composition. Samples provide, at most, an approximate image of the natural stone and are never binding. We can never be held liable for changes in appearance or texture due to the intrinsic characteristics of the natural stone. The following characteristics are possible with all of the types of natural stone that we offer, without this being considered a reduction in quality: a) finer and wider visible veins, fossil formation deviating from the normally occurring b) filling of natural pores, cavities or fracture lines c) polyester fleece and an adhesive on the back, to reinforce the less solid natural stone d) tiles with a straight edge may have slight side breaks e) with natural stone it is acceptable that there may be breaks or size deviations of up to 10%. This is not a reason for complaint.
- standard deviations: For standard sawn natural stone tiles up to 59x59 cm or with surfaces up to 0.35 m2 there is a permissible deviation in length and width of 1 mm in minus or plus, on the average size. For larger sizes, 3 mm in minus or plus. For all slates, sandstones, quartzites, porphyries and cobblestones, the normal deviation standards for thickness difference, difference in size and difference on diagonals are ten times greater than those for marble tiles. Calibrated (Indian) slates, including Tandur, Lime black, ... are milled at the bottom and can show a thickness difference of up to 5 mm. For sawn and un-calibrated tiles a tolerance standard to a thickness of 2mm in minus or plus applies on the average thickness.
- sawn surfaces Sawn areas can show the following characteristics by sawing with the frame saw: a) color differences in the form of dark and lighter strips in the surface b) embossing and sometimes deeper saw grooves c) rust deposits resulting from the frame saw. These characteristics are specific to the surface-finish and may decrease or disappear over time and exposure to sunlight and other weather conditions. Rust deposits can be removed by sanding with fine sand or by machine processing.
- if one or more invoices are not paid on the due date, bvba vandix reserves the right to regard current orders as, legally and without notice of default, dissolved. Without the buyer being able to claim any compensation for this.
- all invoices must be paid in cash. Failure to pay an invoice on the due date implies that all outstanding invoices are immediately claimable, which is also the pre-agreed payment conditions. Any delay in the payment implies a default interest of 1% per month without a prior notice or notice of default being required.
- the delivered goods in any case remain the property of our company until full payment of the invoice that relates to it has been received.
- sold goods or products entrusted to us for storage are at the risk of the owner.
- we reserve the right to suspend deliveries at any time without having to justify this decision and without compensation. In the event of non-payment of a partial delivery, the remainder of the order may be deemed null and void.
- if the invoices remain unpaid on the due date, the amount of the unpaid invoice will be legally increased by 15% and without prior warning or notice of default, and with a minimum of € 49.58 from the day following the due date of these invoices, without prejudice to the principal sum, interest on arrears and possible legal costs.
- we may request guarantees from our clients before proceeding with the execution of the contract. If the sale takes place in cash, we can in any case demand the payment in advance.
- if, after the conclusion of the sales agreement, a price increase with retroactive effect is determined per official decision, this will automatically be charged to the buyer. The same applies to the price increase of transport costs, transfer tax, invoicing costs or others.
- the buyer or its representative will receive the goods in front of their yard or premises, accessible along an accessible road.
- all goods must be placed following the state of art.
- the goods are only taken back after prior approval, if they are in good condition, and are in undamaged packaging. as a flat-rate compensation for the termination of the agreement, bvba vandix is granted 20% of the invoices. This compensation will be deducted from the credit note.
- as a mutual guarantee and commitment to quick dispute resolution by arbitration, the non-profit organization BAI (Belgian Arbitration Institution) is charged with the appointment of the arbitrators who will be able to settle any dispute definitively in accordance with its operating regulations, which can be obtained free of charge from the non-profit organization BELGIAN ARBITRATION INSTITUTION Lieven Bauwenstraat no. 20 in 8000 Bruges, Belgium (Tel 050/323595 Fax 050/313734). This clause is an integral part of the sales conditions and replaces all conflicting jurisdiction clauses, also these on the reverse side
Vandix bvba appreciates your interest in our products and your visit to our internet site. We want to make clear what happens to the personal data you put at our disposal and we find it important that you don't feel uncertain while visiting our site.The personal data you put at our disposal, inclusive your e-mail address will be used as follows:
· The information you give us in order to receive information from Vandix bvba (e.g. a request for info about our materials) is saved so that we can treat your request for information.
· The information you give us for a job application is saved and treated with the utmost care.
· The personal information you send us can only be safely administered when it has passed our firewall (protection filter). Please consider sending confidential information.
· The saved data will also be used for internal visit analyses in order to optimise our site. This information can also be used to keep you informed of the latest developments of Vandix bvba and its products. Please inform us if you don't want us to use this information (any longer).
· We will not sell or put your personal information at the disposal of third parties, who are no part or direct partner of Vandix bvba.
· Our website also contains links to other websites that don't belong to Vandix bvba. Vandix bvba could however not be held responsible for the privacy measures of these websites.
· All the received personal data are saved in a file. Proprietor: Vandix bvba, Kuipweg 6, 8400 Oostende. These data are used for the promotion of the products of Vandix bvba. You have right of access and correction right with regard to these data. Further information: Public Register (Committee for protection of the Personal Way of life).