GENERAL TERMS AND CONDITIONS OF SALE
GENERAL TERMS AND CONDITIONS OF SALE
1.1 The Vendor: BV PARTYSPACE, company registered in the KBO under number 0830.189.643, having its registered office at 8980 Zonnebeke, Potteriestraat 6
2 SCOPE OF APPLICATION
These general terms and conditions of sale (hereinafter also referred to as the "GTC" which are also available on the website www.partyspace.eu) govern all present and future relations between the Purchaser and the Vendor. They are known by the Purchaser and apply to all offers, all orders placed by the Purchaser with the Vendor and all sales contracts concluded between the Vendor and the Purchaser. The clauses or general terms and conditions of the Purchaser are not opposable to the offers, orders and sales that come into existence between the Purchaser and the Vendor. In the event that a special written agreement duly signed by a director of BV PARTYSPACE expressly deviates from one of the principles enshrined in the GTC, the other principles of the present terms and conditions shall remain in full force. The Vendor reserves the right to amend or modify the GTC at any time, on the understanding that the applicable GTC shall be those in force on the date of the order. Any order placed with the Vendor implies the full obligation of the Purchaser to the GTC.
3 OFFERS & ORDERS
3.1 Only written offers are binding on the Vendor. They shall be valid for 30 (thirty) days. However, the prices will be determined in euro on the day of delivery, in function of, among other things, the updated prices for raw material, salaries and general expenses. Orders shall only become final after written confirmation from the Vendor. In case of cancellation of an order by the Purchaser, the Vendor shall be entitled to:
4 ORDERS – TERMS
4.1 Any delivery dates are given for information purposes only and do not constitute any commitment or guarantee on the part of the Vendor. Failure to meet the delivery dates indicated by the Vendor may not give rise to any right to compensation, nor may it justify the termination of the sales contract..
5 ELECTRONIC INVOICING
5.1 The Vendor reserves the right to transfer its invoices and summaries to the Purchaser electronically.
6 PRICES AND PAYMENT
6.1 Unless stipulated otherwise, the Vendor’s prices are net prices excluding VAT, without discount.
6.3 Unless the parties expressly stipulate otherwise in a specific written agreement, all invoices of the Vendor shall be payable without discount to its registered office, at the latest on the due date of the invoice. The invoice will only be considered as paid as from the moment the funds are booked on the bank account of the Vendor.
7 RETENTION OF TITLE
7.1 The Vendor retains full ownership of the Merchandise sold until full payment of the principal sum and appurtenances. Delivered Merchandise will remain the full property of the Vendor and will be considered to be on consignment until full payment of the Merchandise by the Purchaser. However, the Purchaser shall bear the risk of damage that this Merchandise would suffer or cause for whatever reason. Until full payment of the Merchandise, the Purchaser will not be able to dispose of the Merchandise in any way without the prior agreement of the Vendor. The Purchaser agrees to notify the Vendor immediately by e-mail, confirmed by registered letter, of any seizure that a third party might make of the delivered Merchandise.
The Vendor shall be entitled to dissolve the contract of sale concluded with the Purchaser ipso jure and without prior notice of default or judicial intervention, without being liable to pay any compensation, in the event of: (i) cessation of payment by the Purchaser; (ii) bankruptcy of the Purchaser; (iii) liquidation or termination of the activities of the Purchaser; (iv) judicial reorganisation; or (v) seizure at the expense of the Purchaser.
9 RISK TRANSFER
9.1 Risks of any kind, including cases of force majeure and coincidence, and the custody are transferred to the Purchaser as soon as the Merchandise leaves the Vendor’s premises.
10 WARRANTIES AND LIABILITIES
10.1 The warranty on the Merchandise is that given by the manufacturer(s) or producer(s) of the Merchandise, to the exclusion of any other warranty. Without prejudice to the stipulations of Article 11 GTC with regard to the legal guarantee for the Consumer in the event of a lack of conformity, the Purchaser will only be able to make a claim for indemnification if he has the proof of purchase of the Merchandise and if the guarantee provided by the producer or manufacturer to the Vendor for this Merchandise is still valid.
11 LACK OF CONFORMITY IN SALES TO CONSUMERS
11.1 The Vendor is liable vis-à-vis the Consumer for any lack of conformity that exists at the time of delivery of the Merchandise and that manifests itself within a period of 2 (two) years from the said delivery. The aforementioned period shall be suspended during the period required for the repair or replacement of the Merchandise.
12 RETURN – REPAIRS
Without prejudice to the stipulations of Article 11 GTC with regard to the legal guarantee for the Consumer in the event of a lack of conformity, the Merchandise sold shall not be taken back or exchanged. In exceptional circumstances, the Merchandise may only be taken back with the prior written consent of the Vendor and shall only relate to the Merchandise in new condition, in their original packaging and in impeccable condition. They shall be subject to a deduction of at least 20 (twenty) %. Repairs of Merchandise shall be carried out at the most correct price. In order to benefit from the warranty in the circumstances defined by the producer or manufacturer, the warranty slip must be attached to the defective Merchandise. In all cases, the Purchaser shall bear the cost of labour and the cost of returning the Merchandise to and from the Purchaser.
13 PROTECTION OF PRIVACY
The Vendor shall act as the controller. He complies strictly with the European Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data ("GDPR"). The Purchaser agrees that the Vendor collects and processes his personal data for commercial purposes, in particular in the context of the management, financing and recovery of the Vendor's claims, as well as marketing and promotion. These data may be used by the Vendor as well as by other affiliated companies or their sub-contractors, who will at all times provide appropriate guarantees in terms of personal data protection, for the purposes of commercial prospection, analysis and research, guarantee schemes for the Merchandise, as well as for the maintenance and management of the Vendor's website. The data will be kept throughout the life of the commercial relationship and, where applicable, also thereafter, to allow the Vendor to comply with its legal obligations. The Purchaser has a right of access, rectification and deletion of his data, as well as a right to object to the processing of his data based on a legitimate interest. Furthermore, the Purchaser has the right to object, free of charge and without justification, to the use of his data for direct marketing purposes. In order to exercise these rights, the Purchaser must send a signed and dated request, accompanied by a recto/verso copy of the Purchaser’s identity card or a legal representative, to the registered office of the Vendor. The Purchaser also declares to have read the Vendor’s Privacy Statement, which can be consulted on its website.
14 INTELLECTUAL PROPERTY
All graphics, trademarks, drawings, models, logos and the like appearing on the Merchandise, in manuals and in instructions for use are the exclusive property of the producers, manufacturers or the Vendor. They are not transferred and may not be used, exploited, displayed, reproduced or adapted by the Purchaser or any other third party.
The Purchaser may not assign or transfer the contract of sale or any rights and obligations arising from its transactions with the Vendor without the Vendor’s prior consent.
16 LAW APPLICABLE AND COMPETENT COURTS
These general terms and conditions of sale are governed by Belgian law. In the event of a dispute, only the courts of West Flanders, Ypres section, have jurisdiction.