Terms and conditions of sale and delivery
1. These general terms and conditions apply to any sale or delivery of our goods and services, unless other terms and conditions have been expressly agreed in writing for a specific case. These conditions always have priority over customer's conditions, even if they determine that they are the only ones. By accepting the delivery, the buyer immediately accepts our general terms and conditions of sale. All sales offers of Lecluyse NV are without obligation. An agreement is only concluded after acceptance of the order by Lecluyse NV. Lecluyse NV is entitled to refuse an order without the obligation for motivation.
2. Each shipment is made at the risk and peril of the buyer, even if it is carriage paid.
3. Lecluyse NV reserves the right to change prices when required by law. The amount of the invoice is payable in Euro, in Belgium, Kortemark, net on the due date stated on the invoice. Early payment discount, if expressly stated on the invoice, may only be deducted when all previous invoices have been paid.
4. Immediately after delivery or completion of the work or the goods, the buyer is obliged to thoroughly inspect the goods for defects and to inform Lecluyse NV immediately in writing if these are present. Any complaints and comments will only be accepted if they are made in writing within eight days after delivery or the termination of the sales and/or service. The buyer is requested to always state the date and number of the invoice. Lecluyse NV is not liable for glass breakage.
5. In the event of defective delivery or non-conforming delivery, the buyer cannot claim any compensation for whatever reason, and Lecluyse NV can only be bound to replace or restore the defective or non-conforming merchandise or pieces. The liability of Lecluyse NV can never exceed the invoice amount of the delivered good.
6. Lecluyse NV grants a 2-year warranty against material and/or construction defects of the delivered goods, provided that the buyer has complied with the treatment, use and processing instructions provided, and the goods have also been professionally processed and have been used and operated normally. No warranty is given with regard to defects that are the result of normal wear and tear, incorrect and/or incorrect use, incorrect installation and not or insufficiently performed maintenance.
7. In the event of non-payment of the advance, bankruptcy interventions, application for judicial composition or the liquidation of the buyer or in the event of default on the due date, Lecluyse NV may, at its own discretion, ipso jure and without prior notice of default, consider the sale as dissolved.
8. In the event that an invoice is not paid on the due date, interest of 12% per year will be owed on the invoice amount by operation of law and without prior notice of default. In addition, the invoice amount will be increased by 12%, by virtue of conventional compensation by operation of law and without prior notice of default, with a minimum of € 125.00 and a maximum of € 2,500.00.
9. In the event of a dispute, only the courts of the registered office of Lecluyse NV will have jurisdiction. Belgian law applies to all disputes with the buyer.
10. The goods remain the property of Lecluyse NV until the full settlement of the corresponding invoiced price. From the receipt of the goods, the buyer bears all responsibility for loss, destruction or disappearance thereof.
11. The fact that the buyer has not received our general terms and conditions of sale in his legal mother tongue does not release him from their application unless he has made the request in reasonable time to obtain the necessary translation.
12. The indicated delivery times are indicative and can be adjusted in the interim by Lecluyse NV. Exceeding the delivery time does not entitle to compensation or dissolution of the agreement.
13. In the event of cancellation by the buyer of an agreement that has already been concluded, Lecluyse NV has the right, at its discretion, to demand full and integral performance of the agreement, or to claim payment of compensation amounting to 20% of the total amount owed if it does not concern made-to-measure and 50% of the total amount owed in the case of made-to-measure. All fees will be a minimum of €100 and a maximum of €25,000. The nullity of one of the foregoing stipulations in no way entails the nullity of the other sales conditions.
14. Force majeure/hardship: If Lecluyse NV, due to force majeure, is unable to perform its obligations or unreasonably aggravates the performance thereof, it has the right to suspend performance thereof in whole or in part, definitively and/or temporarily for the duration of this force majeure, without being obliged to give any notice or owe any compensation. Are conventionally regarded as cases of force majeure, among other things: war, blockade, revolt, strike or lock-out, seizure, shortage of means of transport, general scarcity and/or unforeseen price increases of raw materials, materials or products, consequences of a pandemic, restrictions on energy consumption and this either at Lecluyse NV, either at one of its suppliers, etc.
15. All goods are delivered in accordance with the EN13120 (Child Safety) standard. Only if the customer explicitly states when ordering that the goods will be placed in a place where children are not allowed, the goods can be delivered not conform to standard EN 13120. It is the responsibility of the customer that the information provided is correct, Lecluyse NV cannot be held liable for this.
16. The buyer expressly acknowledges that all intellectual property rights with regard to the goods and deliveries belong to Lecluyse NV. Intellectual property rights can be patent, copyright, trademark, drawing and design rights and/or other (intellectual property) rights, including sui generis rights to databases and topography of semiconductor products, or other products, as well as patentable or non-patentable technical and/or commercial know-how, methods and concepts.
The buyer is obliged not to make infringing use of the intellectual property rights as described in this article. The buyer is not entitled to use and/or register Lecluyse's trademarks as a trade name and/or domain name without the prior express written consent of Lecluyse NV. The buyer is not entitled to register the brands or corresponding signs of Lecluyse NV without prior written notice.
17. The customer authorizes Lecluyse NV to include the personal data provided by the customer in an automated data file. Lecluyse NV acts in accordance with the GDPR legislation. The customer explicitly agrees that his/her personal data can be used for administrative purposes, such as creating and maintaining a customer database, shipments and invoices, checking solvency, as well as for the products and/or services offered by Lecluyse NV. in the context of the contractual relationship between Lecluyse NV and the customer and the sending of relevant commercial information by post or e-mail. Lecluyse NV will never pass on this personal information to third parties, unless this is explicitly permitted by the customer or requested by judicial authorities or when it is legally required to do so. The customer has the right to change or view his/her personal information.