General terms & conditions of sale
No exemptions from these general terms and conditions of sale or modifications to our quotations will be valid if they are not expressly accepted by us in writing.
Our general terms and conditions will therefore take precedence over any terms and conditions of purchase of the buyer.
Our quotations are non-binding, in particular as regards the available stock.
Our agents, brokers and other intermediaries do not have any authority to commit us.
Orders are considered definitive only after receipt of the down payment of 50%.
The goods are invoiced at the rate in force on the day when the order is placed.
As our products are imported, the prices are given for information purposes and may be adjusted at any time in line with fluctuations in the exchange rates.
• DOWN PAYMENT
A down payment of 50% confirms the order.
The production times are calculated as of the date of receipt of the down payment.
If the purchaser fails to fulfil his obligations or cancels his order, we will retain the sums received as a down payment by right as they constitute deposits, without prejudice to any other damages.
All reservations must be indicated on the delivery receipt in the presence of the driver as follows:
– In detail: (set out the precise nature and extent of the damage at the time of delivery itself by indicating comments on the transport contract stating exactly the anomalies noted)
Date of receipt
Nature of damage
Number of parcels missing/damaged
General reservations, without indicating the nature and extent of the damage, are insufficient.
N.B.: The words ‘subject to unwrapping’ do not have any legal value.
You must report these reservations to us as soon as possible, because we have two days to inform the carrier of any dispute.
We also request photographs of the problems encountered in order to back up our request for compensation.
We refuse all requests for possession or replacement if you do not comply with these terms and conditions.
Any product returns must be the subject of a formal agreement between the seller and the buyer. The costs and risks of return are always borne by the buyer.
• TRANSPORT COSTS
Borne by the customer, as our prices are EX WORKS.
• PAYMENT TERMS AND PROCEDURES
Down payment of 50 % by bank transfer on pro-forma.
Balance before delivery.
• DELIVERY TIMES
The delivery time is about 2 weeks.
The delivery times which we endeavour to meet are, however, merely forecasts. Any delay does not, therefore, authorise the purchaser to cancel his order, claim damages or suspend payment of the balance before delivery.
• RESERVATION OF OWNERSHIP
The seller retains ownership of the goods sold until actual payment in full of the price of the principal and ancillary costs.
These provisions do not prevent the transfer to the purchaser, upon provision of the goods, of the risks of loss or deterioration as well as any damage they may suffer.
• CREDIT WEAKENING
When the credit of the purchaser deteriorates, we reserve the right, even after partial fulfilment of an order, to request the guarantees that we deem appropriate with a view to the proper fulfilment by the purchaser of his undertakings. Refusal to meet this request entitles us to cancel the order in whole or in part.
The goods are transported at the risk of the purchaser who will, if need be, have to insure them at his expense.
• TEXTILE TOLERANCE
A textile tolerance ranging from 2% to 5% is generally accepted for this type of work.
The textile tolerance may not give rise to returned goods or a request for reimbursement.
• Important notices:
The purchaser is deemed to be familiar with our terms and conditions of sale and accepts them by placing the order.
ARCHiSTORY sprl reserves the right to modify the prices at any time.
All disputes relating to this sale will fall under the exclusive jurisdiction of the Commercial Court of Brussels for all sales in Europe.
All disputes relating to this sale in the United States will fall under the exclusive jurisdiction of the Commercial Court of the State of New York.