General Sales Conditions
1. OVERVIEWS
Only these general conditions apply in the commercial relations of SPRL ATELIER LUXUS with its customers. Ordering will imply the buyer's full and unreserved acceptance of these terms of sale. Any derogations, even appearing on the order form of the buyer, do not apply unless written agreement on our part. Even in this case, the present conditions remain applicable for all the points which will not have been expressly derogated.
2. PRICES, QUOTATIONS & ORDERS
Prices: Our prices are net, excluding VAT. All taxes, fees and charges and, especially, the costs mentioned in article 3 are the responsibility of the buyer. Prices may be changed at any time without notice.
Quotations: Only our written offers commit us. The validity of our offers is limited to 30 days. All our quotations are based on the price of metals and prices in force at the time of writing. We expressly reserve the right to adjust our prices according to the prices of the metals and the prices in force at the time of the order.
Orders: Any order sent binds only the buyer. It will commit us only after written confirmation from us. In case the prices mentioned in our order confirmation are higher than the price of our quotation, then the customer will have 24 hours to cancel the order without severance payment. In case of cancellation of the order by the buyer more than 24 hours after the sending of our order confirmation, then the buyer will be liable for a fixed compensation of 15% of the total value of the canceled goods with a minimum of 75 euros.
3. DELIVERIES : DEADLINES, RISKS & TERMS
Deadlines: Delivery times are only indicative and failure to comply with them cannot give rise to penalties for late payment, damages, or the termination of the contract.
Risks: The goods always travel under the responsibility of the buyer, who is in charge of all the risks, even in the event of delivery Franco by us or our carriers.
Delivery terms: The transport is the responsibility of the buyer. In case the buyer himself carries out the removal in our stores, the date of availability will be communicated to him. For any goods that will not be removed within 30 days the contract will be considered terminated and the goods concerned will be returned to stock without prior notice, in that case the buyer will not be entitled to any compensation and deposits will be lost. The storage of goods after provision is at the risk and expense of the buyer.
4. RETURN
The goods sold are neither taken back nor exchanged. Exceptions can be made with our prior written consent. In this case the return will be at the expense of the buyer, the goods must be returned to us in perfect condition and in their original packaging. The credit note relating to any return will be made for a flat-rate reduction of 20% of the selling price. We reserve the right to refuse the return of any merchandise that will reach us in a condition that does not allow us to resell it normally.
5. COMPLAINTS ET WARRANTIES
Our products are guaranteed for 24 months against any defects in material or workmanship from the day of billing. Our warranty is limited to the pure and simple replacement of the product, excluding any other costs or indemnity. To claim for the guarantee, the customer will have to return the incriminated goods, he must also give an explanation as complete as possible concerning the defect found. The exchange can take place only if we do not note any improper use, deterioration by negligence, malice, assembly, installation or implementation not in accordance with the standards.
6. PAYMENTS
Our payment terms are as follows: (unless otherwise stated in our quotations and / or order confirmations) 50% deposit on order - balance before removal. The bank charges inherent to the payment are borne by the buyer.
Any unpaid invoice will be increased without prior notice, statutory interest at the rate of 1% / month late (any month started being due) and a fixed compensation equivalent to 15% of the amount excluding taxes of the invoice with a minimum of 75 euros. The non-payment of a single invoice at the end of its term renders the balance due on all other invoices, even if not due, automatically and without notice.
In the event that a recovery procedure should be initiated, all costs incurred would be borne by the buyer.
7. RESOLUTORY CLAUSE
All our sales are concluded under resolutive condition. Failure to pay a single installment immediately makes all our invoices and all outstanding receivables, even those not yet due, immediately due.
8. RETENTION OF TITLE
The delivered goods remain the property of the seller until full payment of the related invoices. Failing payment within the agreed time, we can claim and recover immediately all goods delivered anywhere and in any hand they are, without any prior formalities. In case of restitution of goods delivered due to non-payment, deposits may be retained as damages. In case of resale of the goods, even transformed, the buyer assigns, from now on, to the seller, all receivables resulting from their resale. In case of payment by check or draft, the transfer of property will take place only after final collection of these.
9. NULLITY
The invalidity of one of the clauses of the present general conditions will not entail the nullity of the other clauses.
10. DISPUTES
For any dispute relating to contracts concluded by SPRL ATELIER LUXUS, and to the interpretation or execution of these general conditions, the courts of Liège are competent even if the writings of our co-contractors stipulate the competence of other courts. (For export, in case of dispute, SPRL ATELIER LUXUS reserves the right to choose the jurisdiction of the Courts of Liège or the Courts of the city/country of the buyer)
