General conditions B2B web shop Billiet
valid from January 1, 2012
Article 1 – Identification Seller and status of professional customer
The “Seller” of the products in this web shop is Billiet-Vanlaere-B.V.T. NV, with statutory seat at Industrial zone North, Bevrijdingslaan 13-15, 8700 Tielt and with company number 0408.161.845.
The “Customer” who wishes to use the web shop of Billiet, declares by its order through the website www.billiet.biz (hereafter: the “Website”) expressly to act in his status of trader. If you wish to sell products of Billiet as a consumer, it is not allowed to use the web shop of Seller.
Article 2 – Applicability general conditions
The general conditions for sales through the web shop of Seller at the moment of placing the order ("Conditions") are applicable to the sale of products from the assortment of Seller to customers-traders on the European territory.
On running contracts the Conditions always remain subject to the Conditions applicable at the moment of placing the order. As these Conditions can change from time to time in accordance with article 12 of these Conditions, you are deemed to verify which Conditions are applicable prior to placing each order.
Article 3 - Prices
All prices are exclusive of VAT.
Article 4 - Offer
The offer is valid while supplies last and can be changed at any time. Images are intended to be illustrative and may contain elements that are not included in the price or deviate from the product. In order to avoid any misunderstanding, the customer is requested to always contact the customer service of the Seller in advance.
The Seller shall in no event be liable in case of clerical errors, misprints or typographical errors.
Article 5 – Establishment of Purchase
An order can be placed through the Website by following the steps as indicated in the web shop on the Website.
After placing the order of the goods an invoice will be prepared and sent to the customer.
Seller reserves the right to refuse orders in the following cases:
- in case of serious suspicion of abuse of law or bad faith of the customer;
- in case of depletion of the stock or the unavailability of an article;
- in case of establishing an erroneous offer;
- in case of suspicion of insolvency of the Purchaser;
- in case of force majeure.
Article 6 - Delivery
All invoices are payable in cash at Tielt, net and without any discount. The delivery takes place in our warehouses; the transport of the ordered goods will be done at the customer’s risk. It is expressly agreed that the responsibility and the risk are transferred at the closing of the agreement, but that they remain the exclusive property of Seller as long as the buyer has not complied with his obligations in principal, interests and costs. The buyer is prohibited from either selling or pledging the goods to a third party or to dispose of them in any way as long as the sales price has not been paid in full. In applying the aforementioned buyer grants the right to immediately recover the goods sold and their accessories from where they are located, whereby the costs of removal, disassembly, transport etc. are borne by the buyer. The buyer is obliged to notify us where the goods sold are located and to provide all cooperation for the removal. If this removal would be prevented for any cause by the buyer, its employees or creditors, the buyer is legally liable to pay compensation equal to EUR 500 per day until the day that the goods are put in possession of the Seller.
Delivery times are always given as an indication. They can never commit the seller and give no rise to compensation of damages in respect of the Seller.
Article 7 - Default
If the customer, for whatever reason, fails to make a payment due in whole or in part, he is due an interest of 12% per annum on the unpaid amount as well as a flat-rate compensation of 10% of the amount concerned with a minimum of € 75.00 per invoice as compensation of the administrative expenses caused thereby and without any prior notice being required, starting from the date of the breach of law and without notice.
Article 8 - Complaints
In order for any visible damage and/or qualitative defect of the goods or other failure in the delivery to be accepted, it must be notified immediately and at the latest within eight days after receipt of the goods respectively the invoice to the Seller, registered and for the account of the buyer, under penalty of forfeiture of any right.
Article 9 – Guarantee
Only the legal guarantee applies to the ordered items, subject to the following deviating modalities.
A guarantee is only given for defects already existing in the products at the delivery of the goods. Defects that manifest themselves after the delivery are deemed not to have been present at the moment of delivery, subject to proof to the contrary by the customer.
Indemnification for hidden defects are given during a period of 6 months after the date of the invoice and upon condition that notice is given, registered and in a substantiated manner, of the defects claimed within 72 hours after discovery, under penalty of forfeiture. The Seller is only liable for fraud.
In order to invoke a guarantee, the customer must be able to present the invoice and proof of payment. The guarantee is not transferable. Every defect must be reported within one month after having been found. Afterwards, any right to repair or replacement or any other guarantee expires.
The (commercial and/or legal) guarantee is never applicable to defects that arise as a consequence of accidents, deterioration of the situation through negligence, falls, use of the article in conflict with the purpose for which it was designed, not following the instructions of use or manual, adjustments or modifications to the goods, wrong use, improper installation, poor maintenance, abnormal, commercial or improper use.
Except in cases of mandatory legal provisions the Seller is not liable for any (directly or indirectly) damage caused by the goods delivered. The guarantee also is not applicable in case of intervention by a third party not designated by the Seller.
Article 10 - Privacy
When filling in the data of the customer through the Website, personal data in the sense of the Personal Data Protection Act can be transferred. The personal data provided by the costumer will be processed by the Seller for the following purposes: the execution of the agreement between the customer and the Seller, starting with the invoicing and delivery of the products and services requested by the customer concerned.
The data can also be processed for promotional and prospecting purposes and to inform the customer about the Seller and its products and services, as well regarding contractually linked companies to the Seller and their products and services. If the customer does not wish this, he can notify the Seller this in writing. Upon written request the use of the personal data will be limited to the purposes of the first paragraph of this article.
The data can be communicated to contractually linked companies to the Seller of whom the customer can obtain a list upon simple request from the Seller.
The customer has a right of communication and improvement of the data concerning him or her. Thereto it suffices to contact the Seller in writing.
A public register is held at the Commission for the protection of privacy of the automated processing of personal data. If the customer desires additional information on the manner in which the Seller processes the personal data, he can consult this register.
Article 11 – Contact customer service
The customer service can be reached at the telephone number +32 51 40 27 94 and this from Monday to Thursday from 8:15 AM to 5:00 PM and on Friday from 8:00 AM to 4:00 PM or through sales@billiet.be.
Article 12 – Change of conditions
Current Conditions can always be changed without prior notice. Each purchase/reservation after the change contains acceptance of the new conditions by the buyer.
The Conditions may be supplemented by other conditions if these are explicitly referred to and the conditions stated at the reverse of the invoice. In case of contradiction the current Conditions prevail.
Article 13 - Evidence
The customer accepts that electronic communications (e.g. e-mails), files (e.g. transmission reports) and back-ups can serve as evidence.
Article 14 – Liability
The customer makes use of the Website and the web shop under his own responsibility. Seller is not liable for any failure or unavailability of the web shop as a consequence of a technical failure. Seller is not liable for any damage of the customer as a result of the spread of a virus through the web shop.
The customer is solely responsible for the management of the login and password that are strictly linked to his person.
Article 15 – Applicable law – Competent court
The Belgian law is applicable to the formation, interpretation, execution and termination of the agreement between the customer and the Seller. In case of disputes only the Magistrate in Tielt and the courts in Brugge (Belgium) are competent to hear these disputes. The Supplier reserves the right to apply to the court of the domicile of the customer.
Our contract conditions always prevail and those of the buyer are not enforceable against us.