General Terms and Conditions
1. These General Terms and Conditions of Sale apply to any agreement to which Espaliers sprl is a party. Our general terms and conditions of sale always take precedence over all conditions imposed by the buyer, unless otherwise agreed in advance and in writing.
2. All our quotations are drawn up purely for information purposes and may in no way be regarded as a commitment on our part. When ordering, whether or not by means of an offer, the client explicitly acknowledges having read these conditions and accepts them in their entirety and without reservation. The specifications and price quotations are based on the current values of wages and materials while stocks last. If these values change, we reserve the right to adjust the prices proportionally.
3. Espaliers reserves the right at all times to request full payment from the customer at the time of order for purchases made at its head office before proceeding to execute the contract.
4. Orders may only be placed in writing via the contact form on the website or by e-mail. Telephone orders are only valid following written confirmation by Espaliers bvba. If applicable, a VAT number must be provided with the order.
5. Cancellation of the order is only possible if requested in writing by the buyer, within 48 hours of placing the order and provided it is confirmed in writing by Espaliers bvba. In the event of cancellation, the buyer shall owe a fixed fee equal to 40% of the total value of the order.
6. If the buyer fails to collect the ordered goods on the date communicated by him, we reserve the right, after the expiry of a period of 7 calendar days, to regard the agreement as dissolved, without prior notice of default. In that case, the buyer shall owe a fixed compensation equal to 40% of the total value of the order.
7. The goods/services are delivered as described on the order form or the invoice. The buyer shall be obliged to check the delivered goods/services immediately upon receipt.
8. By taking delivery of the goods upon pick-up, delivery or installation, the buyer explicitly acknowledges that the goods are in accordance with his order and free of any visible defect. When selecting or signing for products on site: In this case, the customer agrees to any defects in the products. Unless there is a written agreement between the buyer and the seller, no goods will be taken back. A compensation of 40% will be charged on the returned merchandise. No goods sold may be returned without the prior consent of Espaliers sprl. Return of goods shall not under any circumstances suspend the buyer's payment obligation.
9. Delivery and/or placement deadlines are provided for information purposes only and are not binding on the seller. If we are unable to execute the agreement due to force majeure (weather conditions, strike, etc.), we reserve the right to postpone or terminate the agreement without being able to claim any compensation. Changes to the order shall automatically cancel the proposed delivery dates.
10. The goods are shipped at the risk of the buyer. The transport costs as mentioned in the offer are, unless otherwise stipulated, at the expense of the buyer. The goods shall be unloaded in the vicinity of the vehicle unloading the goods, unless otherwise agreed. The contact person must be present and sign for receipt of the goods.
It is the customer's responsibility to provide Espaliers with the correct delivery address and any important information (road works, dead end, etc.) relevant to the delivery. If, during the delivery, it appears that, due to circumstances (possibly temporary) that have not been reported to Espaliers prior to the delivery, it is not possible to make the delivery in a safe and responsible manner, Espaliers shall be entitled to cancel the delivery. Any additional costs incurred as a result of such cancellation shall be borne in full by the customer.
11. Complaints concerning the delivery must reach us by registered letter within 2 days after delivery and furthermore before any use or resale of the goods.
12. Our liability to indemnify with regard to defects in the delivered goods shall not exceed that of our suppliers.
13. We reserve the right to consider the agreement cancelled by right and without prior notice in case of bankruptcy, evident insolvency as well as in case of any change in the legal situation of the buyer.
14. Any protest against the invoice must be made by registered letter within 8 days of the invoice date, stating the date, the number of the invoice and a detailed justification.
15. Delivered and/or installed goods are at the risk of the buyer/customer from their arrival and remain the property of Espaliers bvba until full payment of the invoice and any costs incurred in collection by operation of law.
16. All invoices are payable by transfer according to the due date stated on the invoice or by bank transfer upon collection from the nursery. No payment discounts are allowed on the amount. We would like to receive a proof of transfer by email prior to collection/delivery/installation. In case of a joint purchase, the person placing the order is responsible for full payment. In the event of late payment of the invoice, all after-sales services are cancelled. We reserve the right to invoice the goods according to the delivery, even if it is partial.
17. If an invoice has to be made out again due to an administrative change at the customer's request (change of name, company name, address, VAT code, etc.) the administrative costs, being 25 euros, are at the customer's expense.
18. In case of total or partial non-payment of the invoice on the due date, an interest of 12% per year shall be payable on the amounts due by operation of law and without prior notice of default, and a fixed compensation of 10% with a minimum of 100 € shall be payable.
19. We reserve the copyright on all documents made such as advice, designs, drawings, sketches and the like. These remain our property and may not be copied, made public or provided to third parties by the customer without prior consent.
20. The nullity of one or more provisions of these general terms and conditions does not imply the nullity of the general terms and conditions as a whole.
21. All our agreements are governed by Belgian law. In case of dispute, the courts where Espaliers sprl has its headquarters shall have exclusive jurisdiction.