General conditions of sale
1. Unless expressly agreed otherwise, you cannot return goods belonging to our range of outlet products.
For other goods:
our services and deliveries are subject to these general conditions of sale, which take precedence over all the buyer’s general conditions. By issuing an order form and accepting delivery of the goods or performance of the services, the buyer confirms his express and exclusive agreement to these terms and conditions.
These will also apply to subsequent services and deliveries ordered by the buyer, even if they do not refer to our general terms and conditions. The nullity of one or more clauses shall not entail the nullity of the whole of these terms and conditions or of the agreement.
2. Orders are final when confirmed in writing and signed by an authorized person of our company. Unless expressly provided otherwise, contracts are deemed to have been concluded at the registered office of the seller. Our company is released from any responsibility in case of non-performance due to force majeure, strike, lockout, etc. The specifications on the quality, quantity and method of execution desired by the buyer should be clearly stated on the order form and no external consideration or document shall allow the buyer to change or expand the mentioned on the order form. In case of cancellation of the order by the buyer prior to the delivery of the good(s) and provided that such cancellation is expressly accepted by the seller, the full down payment shall not be refunded or shall remain due by the buyer if not already paid. In addition, 20% of the value of the item(s) ordered and not kept in stock will be invoiced as cancellation fees. These two sums shall also be payable in the event of cancellation of the order by the seller following non-compliance by the buyer with his obligations.
3. Delivery times are given by way of indication. The possible lateness of a delivery cannot give rise to a claim for damages or a breach of contract.
4. The goods are deemed approved in our warehouses. The goods are guaranteed against any manufacturing defect. Any part recognized as damaged will be replaced, but our responsibility is limited only to the simple replacement of the damaged part. Under no circumstances can a refund, compensation or indemnity be claimed for this, for whatever reason. Any possible complaint by the buyer must, under penalty of nullity, be notified by registered letter, within 8 days of the delivery of the goods or the performance of the services.
5. Return of goods is accepted only with our express and written consent.
6. We reserve the right to invoice the goods and any shipping and placement costs in full, even if the deliveries are split.
7. Unless otherwise agreed in writing, all our invoices are payable at our registered office.
8. The lack of payment of an invoice on the due date will automatically, without any notice being necessary, result in the immediate exigibility of all amounts due whatever the payment facilities. In this case, we are furthermore authorized to suspend our commitments or terminate the agreement(s) without any compensation.
9. For any late payment, interest will be charged at a rate of 12% from the due date, without any notice of default being necessary. In addition, the relevant invoices will be increased ipso jure by way of liquidated damages by a sum equal to 15% of the amount still due, with a minimum of 50 EURO per invoice.
10. Retention of title: The delivered goods remain our property until full payment by the buyer of the related invoice. In the event of non-payment within the due date, we reserve the right to take back the goods delivered at the expense of the buyer and without prejudice to the provisions applicable in the event of non-payment in these terms and conditions of sale.
11. Retention of title: The goods delivered shall remain our property until full payment by the buyer of the invoice relating thereto. In the event of non-payment within the due date, we reserve the right to take back the delivered goods at the expense of the buyer and without prejudice to the provisions applicable in the event of non-payment in these conditions of sale.
12. Upon delivery, the buyer shall ensure for both the yard or domicile address that O My Home can easily maneuver its vehicles. This for both access roads and unloading and parking areas. Unloading will take place at the height of the truck. In case the purchaser asks the driver on behalf of O My Home to leave the public roadway in order to go with his vehicle on non-adapted terrains or roads, the purchaser is liable for any damage the vehicle would cause, as well as for the damage to the vehicle itself and the material being transported. The buyer indemnifies O My Home from any responsibility and undertakes against any claim by a third party against O My Home, whether for damages, fines or other possible consequences arising.
13. As security for the repayment of all sums that the purchaser may owe to O My Home on account of all present and/or future claims, the purchaser pledges in favor of O My Home, according to the conditions accepted, all present and future claims, on whatever account, of the purchaser against third parties and/or O My Home. To this end, O My Home is authorized, at any time, to notify this pledge to the buyer’s debtors and to do everything to make this pledge opposable to third parties. The purchaser undertakes, at the simple request of O My Home, to provide all information and documents relating to these debts. After notification to or recognition of the pledge by the debtor, O My Home is entitled to liquidate the pledge in a legal manner to discharge the sums due to it. As additional security, the buyer grants a pledge in favor of O My Home on all tangible and intangible movable property belonging to its business, including the goods delivered or to be delivered.
14. All disputes shall be settled exclusively by the courts of Antwerp, in particular the Vredegerecht (justice of the peace court). The contract of sale is always subject to Belgian law.