General terms & conditions
All of our sales and agreements are governed by the following general terms and conditions: These may only be replaced by special written clauses executed with our customers. By dealing with us, the customer accepts these general terms and conditions of sale and therefore waives its own general terms and conditions of purchase, where they exist, the latter not being applicable under any circumstances. In the event that the general terms and conditions of purchase of the customer contain an application clause identical to this one, the clauses herein shall prevail.
Offer and documentation:
Our offers are subject to change.
Our catalogues, brochures, rates, notices and, generally, any information and specification of any kind whatsoever, are purely for information purposes and subject stock availability. Backorders shall be delivered at the price indicated at the time they come into stock. All orders must be made in writing (letter, fax or email) with the letterhead of the purchaser as well as the signature and name of the person placing the order. A fee will be charged for samples and samples may not be returned.
Prices are for information purposes and subject to change at the time the order is placed. They vary depending on weight, the nature of the goods and their packaging. Except where an alternative written agreement has been signed between the parties, our prices are quoted:
1. For contracts with a value equal to or less than €799 excluding VAT – With transportation of goods not included. The latter takes place in principle on behalf of, at the expense and at the risk of the purchaser, even where the transporter demands that, on transportation letters, transport addresses or other documents the clause stipulating that the sender shall be liable for any damages incurred during transportation appears. The customer is responsible for insuring at its own expense the goods purchased.
2. For contracts with a value greater than €799 excluding VAT – With transportation of goods included. The latter takes place in principle on behalf of and at the expense of the seller. The purchaser shall always be responsible for all taxes, duties, levies or contributions of any kind, which are payable or to be paid in addition to our prices excluding VAT.
In the event of an increase of one or more factors that make up the cost price of our goods or our customised products, we shall be entitled to increase our prices by the same proportion.
Deliver times are fixed for information purposes. However, we are not bound by these. We shall not be liable for any delayed deliveries and delayed deliveries shall not give rise to compensation or to the right to terminate the contract. In addition, partial deliveries may be made.
If the delivery takes more than 30 days, the customer has the right to retract himself and cancel his order.
The whole amount of the payment must be refunded on the same card which one was used for the payment.
Deliveries, dispatch and risk:
Goods shall be transported within the Benelux at the risk of the recipient, irrespective of the chosen mode of transport. Outside of the Benelux the purchased shall pay additional charges. In the event of a claim, the customer shall assert its rights with respect to the transporter, without being permitted, for any reason whatsoever, to refuse, reduce or delay invoice payments. The purchaser is solely responsible for all deliveries transported to a third party and shall check or have checked their quality, quantity and size, as well as any customisation, screen-printing or embroidery, before final acceptance with the transporter. Differences in size, colour and weight of up to 5% are permitted and may not be used as a reason for a complaint.
Unforeseeable circumstances – Force majeure:
Unforeseeable circumstances, force majeure and acts of state entitle us to terminate all or a part of our obligations or to suspend their execution without indemnity or notice. Any war, mobilisation, blockades, complete or partial strikes, lock-outs, riots, epidemics, broken machinery, fires, explosions, insufficient power or fuel supply, interruption to means of transport or other accidents, whether on our part or on the part of our sub-contractors and suppliers and which prevent or hinder manufacturing or dispatch shall be conventionally deemed to be cases of force majeure.
A. Our invoices or debit notes are payable at our offices located in Chaussée de Bruxelles, 716, 1410 Waterloo. They are payable in cash, unless otherwise expressly agreed in writing. Payment shall be made via deposit or transfer into the bank account that we specify. Under no circumstances shall the customer be authorised to make withholdings, deductions or compensations.
B. The submission of any claim shall not suspend the payment obligation of the customer.
C. In the event of non-payment by the due date, our invoices shall incur late payment interest, ipso jure and without any prior notice, at an annual rate of 15% from the date of invoicing until the day on which payment is received. In addition, the customer shall pay us, ipso jure and with no prior notice, a fixed indemnity of 12 % of the unpaid amount (a minimum of €100), independently of the principal, interest and recovery costs. Moreover, in such circumstances, all of our invoices shall become immediately payable.
D. Bills, bills of exchange and other commercial papers do not constitute a novation or a waiver of these general conditions, which remain fully applicable.
E. In the event of payment in a currency other than that specified on the invoice, the amount to be paid shall be calculated based on the highest official exchange rate in Brussels on the day of payment. In this regard, the purchaser shall be responsible for paying any exchange charges. Moreover, where no currency is specified in the wording of the invoice or the purchase order between the parties, the currency shall be assumed to be the Euro.
F. Pour all unpaid cheques and/or direct debits, a fixed sum of €25 excluding VAT shall be collectable and a sum of €100 excluding VAT for any unpaid bill.
G. Payments can also be made by credit card. You will find a list of accepted cards at our webshop. In case of partial delivery, the purchaser agrees to the entire amount of its order (delivery costs including VAT) being collected at the time of the order. We reserve the right to invoice you again for any costs when a transaction is inappropriately challenged.
Retention of title:
Transfer of ownership shall only take place following full payment of the sale price and costs relating to the goods sold.
Transfer of risk – Acceptance of goods:
Irrespective of the circumstances, our delivery obligation is deemed to have been fully executed from the moment that the goods are made available to the customer at the address specified by the purchaser. All risk of damage or loss including risks relating to force majeure or unforeseeable circumstances shall be transferred to the purchaser from the time that the goods leave the company to be delivered to the purchaser, irrespective of the party to the contract or the third party responsible for delivery.
Receipt and complaints:
The goods shall be considered to have been accepted by the purchaser where the latter does not send us a complaint by registered letter within 2 working days of receipt of the goods. In addition, to be validly accepted, the nature of and reasons for the complaint shall be stipulated. Any complaint other than that relating to hidden defects shall be refused after this time. Complaints relating to hidden defects shall be sent by registered letter within two days of the discovery of the defect and in the same form specified in paragraphs 1 and 2 of this clause.
Return of goods:
No goods may be returned without our prior written agreement. This approval shall in no way imply any recognition.
You can return goods only on invoices within a 30 days period from the current date.
In this case:
– 15% of the amount invoiced for the return shall be deducted (a minimum of €25 excluding VAT) per case.
– Authorisation of return, return label to be stuck on the package. The return shall be made within 21 days of the case being raised.
– No returns will be accepted on discontinued items.
– No customised, screen-printed or embroidered items may be returned.
– Any returns sent to an address other than that which is specified shall be refused
– No returns shall not accepted on deliveries direct from the supplier/brand.
All packages refused without our agreement shall be penalised with a charge of 15% of the value of the goods (a minimum of €25 excluding VAT). For hygiene reasons, underwear cannot be returned or exchanged. In all circumstances, goods not returned in their original packaging or returned in damaged original packaging shall not be exchanged.
Assignment and substitution:
For the execution of any agreement whatsoever, our company may substitute any other legal person that is deems appropriate to execute its obligations.
Suspension and termination of the contract:
Any failure by the purchaser to meet its obligations arising from this agreement or for any other agreement entered into with us shall ipso jure suspend the execution of our obligations. Any late payment on the part of the customer, shall entitle us to cancel, by simple notification, all or a part of the contract, without prejudice to our right to indemnity. In addition, in such circumstances, the purchaser shall be responsible for returning any good already delivered to it immediately. In the event that the aforementioned goods are not returned to us, we shall be entitled to remove these goods immediately ourselves.
The invalidity of any clause in this agreement shall not render the agreement null and void.
Applicable law – Competent jurisdiction:
This contract is governed by Belgian law. Any disagreement or dispute arising from the execution of this contract shall be subject to the competent French language courts of Brussels.
INFO GROUP GLOBAL BVBA
Culliganlaan 2 D
1831-Diegem/ Brussels/ BELGIUM
Telephone: +32 (0) 235 12 725
Mobile: +32 (0) 489 373 29 65