Terms

ART. 1 Contradictory clauses

The present conditions are deemed to be known and accepted by the sole fact of the Buyer’s order and exclude the application of any other conditions unless specifically agreed in writing.

ART. 2 Offers

Unless otherwise agreed in writing, our offers, in particular with regard to prices or characteristics of the goods, are always without obligation and subject to available stock. The prices stated in the offers are subject to change without prior notice until the conclusion of the contract, in accordance with Article 3 of these general terms and conditions.

ART. 3 Conclusion of the sale

The sale shall only become effective and binding on FLEX MOBILIERS SRL from the moment of written acceptance by the Buyer.

ART. 4 Prices

The prices do not include transport costs. Transport shall be carried out for the account and at the risk of the Buyer.

ART. 5 Transfer of ownership

The goods shall remain our property until full payment in principal and accessories has been made. Failure to pay on the agreed due date may result in FLEX MOBILIERS SRL reclaiming the products in kind or in value from the day following the said due date. The return by the Customer shall be immediate and the said products shall be delivered at the expense and risk of the Customer. The return of the products by the Customer shall be immediate and their delivery shall be at the expense, risk and peril of the Customer. These provisions are particularly applicable in the event of collective proceedings such as safeguard, recovery or judicial liquidation. The reclamation by FLEX MOBILIERS SRL of the unpaid product shall automatically result in the termination of the sale, with all costs of recovery being borne by the Customer, without prejudice to any other claim that FLEX MOBILIERS SRL may make.

FLEX MOBILIERS SRL may also claim additional sums from the Customer, equal to the costs incurred in connection with the withdrawal of the products, plus the interest and compensation provided for in Article 6.

Until full payment has been made, the products may not be processed, pledged, transferred as security or resold without the prior and express consent of FLEX MOBILIERS SRL.

In the event of resale or processing by the Customer of our products that remain unpaid, the reservation of ownership is automatically transferred to the price of the said products sold and invoiced by the Customer to its Customers (sub-purchasers). In this case, FLEX MOBILIERS SRL shall have the right to notify the sub-purchaser of its retention of title and to take all enforcement measures with a view to the direct payment of the sums still due to it. The risks are transferred to the buyer as soon as the goods leave our warehouses.

ART. 6 Payment

All orders placed by the customer entail the payment of a deposit by the customer, unless otherwise stipulated in writing.

The balance of the order shall be payable to Flex Mobiliers SRL in cash before the departure of the goods or the collection of the goods, unless otherwise agreed in writing.

Where the delivery of the goods is made by a subcontracted transport company, the balance of the order shall be payable before the departure of the goods, unless otherwise agreed in writing.

Any amount not paid on the due date shall automatically and without notice of default generate interest on arrears of 15% per annum from the due date.

In addition to this interest, the total amount of the invoice or balance shall, in the event of non-payment on the due date, be increased automatically and without notice of default by 15% with a minimum of €125 by way of lump-sum damages without prejudice to the sums invoiced and to be invoiced for the storage costs.

ART. 7 Delivery

The goods travel at the Buyer’s risk.

When the delivery of the goods is carried out by a subcontracted transport company, the goods are delivered to the sidewalk of the delivery address. Under no circumstances shall the delivery person be required to deposit or install the goods inside a building.

Unless otherwise agreed in writing, Flex Mobiliers SRL’s delivery times are given as an indication only. They are not binding. Delays in delivery shall not give rise to any right to compensation or to cancellation of the order. The Buyer is obliged to accept an order in several deliveries.

ART. 7 Delivery

The goods travel at the Buyer’s risk.

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When the delivery of the goods is carried out by a subcontracted transport company, the goods shall be delivered on the sidewalk of the delivery address. Under no circumstances shall the delivery person be required to deposit or install the goods inside a building.

Unless otherwise agreed in writing, Flex Mobiliers SRL’s delivery times are given as an indication only. They are not binding. Delays in delivery shall not give rise to any right to compensation or to cancellation of the order. The Buyer is obliged to accept an order in several deliveries.

ART. 8 Warranty

The goods shall be deemed to have been accepted if no written complaint has been made by the Buyer by registered mail within five days of the delivery date. Our warranty is strictly limited to the repair or replacement of parts found to be defective. In no case shall we be held responsible for any direct or indirect damage, whether it be contractual or extra-contractual. Any defect must be reported in writing as soon as it appears. The duration of our guarantee is in accordance with the Belgian legislation for sales between professionals and cannot exceed 1 year.

ART. 9 Taking back and returning products

Any return of products requires the prior agreement of FLEX MOBILIERS SRL and on condition that these products were delivered less than 15 (fifteen) days ago. At any time, FLEX MOBILIERS SRL may ask the Customer for proof of the reason for returning the product.

The products shall be returned by the Customer in perfect condition for resale, unused and in their original packaging. They must be accompanied by all accessories and documents, unopened sealed pouches, unopened and unused consumables. Otherwise, the Customer’s return is not compliant and the product is sent back to the Customer.

Under the aforementioned conditions and unless the responsibility of FLEX MOBILIERS SRL is proven, the return of the products is at the expense and risk of the Customer.

In the event of the return of products, expressly accepted by FLEX MOBILIERS SRL and under the aforementioned conditions, FLEX MOBILIERS SRL shall issue a credit note for the amount of the invoice for the returned product.

ART. 10 Termination of the contract

Failure to pay a single instalment shall give us the right, by simple notification, to terminate all contracts in progress or to suspend the execution of all work in progress, and shall render the payment of all other invoices immediately due. Such suspension may also be effected if, before full payment of the price, the purchaser’s credit is undermined or in jeopardy, and as long as sufficient guarantees have not been provided.

FLEX MOBILIERS SRL may, with the Customer’s consent, photograph the products purchased, either directly or indirectly. The Customer expressly authorises FLEX MOBILIERS SRL to take, reproduce and communicate the photographs taken to the public free of charge. The photographs may be exploited and used directly, in any form and on any medium known and unknown to date, throughout the world, without any time limit, in full or in excerpts and in particular: website, social network, blog, e-mail, catalog, brochures, press, book, postcard, exhibition, advertising, public screening, competition, other. This exploitation and use is intended for advertising, information and communication operations concerning the photographed products.

In particular, as part of the exploitation and use of these photographs, the Customer authorises FLEX MOBILIERS SRL to include in its Customer reference list: its company name, its commercial name, its brand, its logo or its address, for the duration of the commercial relationship. The Customer may, at any time, ask FLEX MOBILIERS SRL to cease to include this reference, without justification or compensation. Under no circumstances may the Customer claim any compensation from FLEX MOBILIERS SRL for these photographs and the use of the aforementioned Customer data.

ART. 11 Intellectual property

FLEX MOBILIERS SRL retains all industrial and intellectual property rights relating to its company name, its trade name FLEXMOB, its registered trademark FLEXMOB, its logo, the products, photos and technical documentation, which may not be communicated or used without its written authorisation.

FLEX MOBILIERS SRL may, with the Customer’s consent, photograph the products purchased, either directly or indirectly. The Customer expressly authorises FLEX MOBILIERS SRL to take, reproduce and communicate the photographs taken to the public free of charge. The photographs may be exploited and used directly, in any form and on any medium known and unknown to date, throughout the world, without any time limit, in full or in excerpts and in particular: website, social network, blog, e-mail, catalog, brochures, press, book, postcard, exhibition, advertising, public screening, competition, other. This exploitation and use is intended for advertising, information and communication operations concerning the photographed products.

In particular, as part of the exploitation and use of these photographs, the Customer authorises FLEX MOBILIERS SRL to include in its Customer reference list: its company name, its commercial name, its brand, its logo or its address, for the duration of the commercial relationship. The Customer may, at any time, ask FLEX MOBILIERS SRL to cease to include this reference, without justification or compensation. Under no circumstances may the Customer claim any compensation from FLEX MOBILIERS SRL for these photographs and the use of the aforementioned Customer data.

ART.12 Protection of personal data

In the context of the performance of the commercial relationship, FLEX MOBILIERS SRL and the Customer (the Parties) may process personal data of the employees of the other Party. Each Party undertakes, as the data controller, to respect the confidentiality of such data in accordance with the obligations arising in particular from the General Data Protection Regulation no. 2016-679 of 27 April 2016.

Thus FLEX MOBILIERS SRL processes personal contact data including the identity, contact details and quality of the Customer’s employee, in the context of canvassing, Customer relationship management, after-sales service management, Customer satisfaction management and loyalty management.

Each Party undertakes in particular to inform its own employees of the processing of their personal data by the other Party, in accordance with Article 14 of the RGPD.

ART. 13 Nullity of a clause

The invalidity of a clause or part of a clause shall not affect the validity or content of the other terms and conditions.

ART. 14 Applicable law and competent courts

The contract shall be governed by Belgian law and the courts of Charleroi shall have exclusive jurisdiction, unless we, as plaintiff, decide to bring the dispute before another territorially competent court.