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Sales conditions

  1. Scope of application: All commercial transactions concluded between “NV HANDELSKWEKERIJ WILLAERT”, with its registered office at 8800 ROESELARE, Hazegoedweg 5, with company number BE0431.911.504 (hereinafter “Willaert”) and the customer, both closed at the registered office of Willaert, if closed via the webshop http: // www. willaert.be (hereinafter the “webshop”), if orders or purchases made remotely (fax, mail, etc.) are governed by these general terms and conditions. NV BOOMKWEKERIJ WILLAERT is a tree nursery specializing in garden plants of the highest quality (hereinafter “the products”) and is committed to selling to professional customers both through its web shop and at its registered office. By placing his order / purchase, the customer acknowledges having taken note of and accepting Willaert's general terms and conditions. These conditions always take precedence over the customer's conditions, even if they determine that they are the only ones. These general terms and conditions do not affect the legal rights that would be compulsorily granted to the customer under Belgian law. The possible nullity of one or more clauses from these conditions does not affect the applicability of all other clauses. In the event of nullity of one of the provisions, Willaert and the customer will negotiate, to the extent possible and in accordance with their loyalty and conviction, to replace the invalid provision with an equivalent provision that corresponds to the general spirit of these general terms and conditions. The fact that Willaert fails to demand strict application of any of the provisions of these terms and conditions cannot be considered an implied waiver of the rights that Willaert has under these terms and does not prevent Willaert from subsequently demanding strict compliance with those provisions. Willaert reserves the right to adjust or change its general terms and conditions at any time. It is the responsibility of the customer to consult these conditions regularly.
  2. Quotation: Catalogs, newsletters, notes, leaflets, publicity announcements, etc. cannot be regarded as binding offers of the products described or depicted. Quotations from Willaert are entirely without obligation and can only be regarded as an invitation to purchase or placing an order by the customer, unless explicitly stated otherwise. A quotation is only valid for a specific assignment and therefore does not automatically apply to subsequent similar assignments. Offers only include those products that are expressly stated in it. Each offer is valid while supplies last, unless stated otherwise on the offer.
  3. Purchase conclusion: Remote purchases are considered to be concluded at Willaert's registered office. An agreement concluded at the registered office is only concluded after the order form has been signed by the customer and by a person authorized to bind Willaert or by the start of the execution of the agreement by Willaert. The purchase, closed by means of the webshop, is only made upon receipt by the customer of the confirmation email from Willaert. The customer is responsible for the information he or she enters when placing an order. If the order details are entered incorrectly or incompletely, Willaert cannot be held liable for non-delivery or late delivery. Any changes or additions after the conclusion are only valid after written agreement of both parties regarding the payment terms and execution times. Given that there are live products, Willaert reserves the right to charge the customer compensation of 75% of the price of the canceled order, including VAT, without prejudice to cancellation of an order or purchase, even in part. Willaert's right to compensation for the damage actually suffered if it can prove this. Willaert reserves the right to request additional information regarding the customer and his activities for the safety and security of the customer, and to refuse to execute the order in the absence thereof.
  4. Renting: In the case of renting out trees and plants, a verification is made upon delivery or collection of the rented goods, which records the condition of the rented goods. The verification document and an overview photo of the rented material are signed by the customer. When the rented goods are returned, a verification of these goods is again carried out together with the customer. The verification document on return and the overview photo of the returned material are signed by the customer. When it appears that damage was done to the goods, this damage is immediately estimated and invoiced to the customer. If the customer refuses this verification upon return or if he / she refuses to sign the verification document upon return and / or the summary photo of the returned material, the goods will not be taken back and the full resale value of the rented goods will be as estimated in the initial verification, will be billed to the customer. In case of collection, the collection and return of the plants is done by the customer with appropriate transport. The tenant is responsible for the care of the plants during the rental period. The rented plants and materials remain the property of Willaert and can under no circumstances be confiscated by third parties.
  5. Price: All prices are expressed in Euro and are exclusive of VAT, but exclusive of any delivery, shipping or other administrative costs, unless expressly stated otherwise. In case of an order / purchase through the webshop, the products are sold at the prices stated on the webshop at the time of the online purchase. Packaging is always charged. Insofar as the prices are based on the then prevailing level of wage costs, social premiums and government costs, transport costs and insurance premiums, purchase prices, costs of materials, exchange rates and / or other costs, Willaert is in the event of an increase or decrease of one or more of these price factors are entitled to increase or decrease their prices accordingly and this in accordance with the legally permitted standards.
  6. Advance: Willaert always reserves the right, when purchasing at its registered office, to ask the customer when ordering (a) 50% of the total amount as an advance or (b) to ask the customer for full payment before executing the agreement.
  7. Delivery: Indication of the expected time of delivery is always approximate. Exceeding the foreseen term can under no circumstances, except in case of intent or serious error on the part of Willaert, give rise to compensation or dissolution of the agreement at Willaert's expense. Changes to the order automatically cancel the proposed delivery times. Willaert is in no way liable for delays incurred as a result of default by suppliers, the customer and / or any other third party. Exceeding the delivery term by Willaert does not release the customer from his obligations. Willaert reserves the right to make partial deliveries for any order. In the case of a purchase through the registered office of Willaert, delivery always takes place EX WORKS (Incoterms 2010), both when the customer collects the products at the registered office and when they are delivered to the delivery address specified by the customer. The transfer of risk for damage, destruction and disappearance with regard to the goods always transfers at the moment that the customer collects the goods at the Willaert headquarters or when they are offered for transport by Willaert. In case of a purchase via the webshop, goods are also delivered EX WORKS (Incoterms 2010). Under no circumstances can Willaert be responsible for damage, theft, heating, frost damage and regrowth.
  8. No or late collection: there is late collection when the customer collects the ordered products 1 to 5 days after the scheduled collection date. In case of late collection, the customer is fully liable for any depreciation of the goods and his right to indemnification for defects lapses. There is no collection from the sixth day after the intended collection date. Non-collection is equated with cancellation in accordance with Article 3 of the present conditions.
  9. Payment: For purchases made at Willaert's registered office, the cost to be paid is invoiced by Willaert to the customer. This invoice is payable within a period of 30 calendar days after the invoice date, unless stated otherwise on the invoice. Payment must be made in cash for an initial order. Invoices can only be validly protested in writing by registered letter within 5 calendar days after the invoice date and stating the invoice date, invoice number and a detailed motivation. For every invoice that is not fully or partially paid on the due date, a default interest of 15% per year is charged by operation of law, without prior notice of default, and the amount due is increased by 15% of the invoice amount, with a minimum of fifty euros. (€ 50.00) (excl. VAT), by way of flat-rate compensation, even if grace periods are granted, without prejudice to Willaert's right to claim higher compensation. If a customer fails to pay one or more outstanding claims to Willaert, Willaert reserves the right to immediately stop any further delivery or execution and to consider other orders canceled without any notice of default, in which case the fixed compensation as provided is due in Article 3. In addition, this means that all other invoices are immediately due and payable, even those that have not yet expired and all permitted payment terms and conditions have expired. The same applies in the event of imminent bankruptcy, judicial or amicable dissolution, suspension of payment, as well as any other fact that indicates the insolvency of the customer. The unconditional payment of part of an invoice amount counts as express acceptance of the invoice. Partial payments are always accepted with all reservations and without any adverse acknowledgment, and are first allocated to the collection costs, then to the compensation, the interest due and finally to the oldest outstanding principal. However, if it concerns an order via the webshop, it can only be paid online by the customer via a special payment module provided on the Willaert website. For the processing of these online transactions, Willaert uses external professional and specialized partners who manage a payment platform. The customer's financial data entered in the context of an online payment is only exchanged between the external partner and the financial institutions involved. Willaert has no access to the client's confidential financial information. Online payments are made using secure protocols. All online payments are subject to the terms and conditions of the external payment platform manager, who is solely responsible for the proper execution of all online payments.
  10. Electronic invoicing: By ordering a product via the webshop, the customer explicitly agrees to the use of electronic invoicing by Willaert.
  11. Empties: The customer must treat the empties that Willaert has made available as a good family man. The customer is responsible for the empties until Willaert has taken back and accepted the packaging. Willaert is not responsible for lost or stolen empties on shipyards, delivery addresses or others. If the empties are not returned within 30 calendar days from the date of delivery, Willaert reserves the right to invoice their use for the entire period during which the empties were made available to the customer. In the event of non-return, its value will be billed to the customer. If it is agreed to prepare the empties for collection, and the empties are not or not fully available, the customer must notify Willaert as soon as possible on pain of compensation.
  12. Retention of title: Willaert retains ownership of the products delivered to the customer for as long as the customer has not paid the price, costs, interest and all other accessories in full. Nevertheless, the risks of loss or destruction of the products will be fully borne by the customer from the time of delivery. The customer undertakes to notify Willaert immediately by registered letter of any attachment that would have been placed on the delivered products by a third party. In the event that the customer resells the products belonging to Willaert, he will then transfer to Willaert all debts arising from this resale, Willaert opts for this.
  13. Defects: The customer must verify them immediately upon delivery of the products. The customer must transfer deviations and / or defects to Willaert by registered letter, under penalty of forfeiture, and in any case within 24 hours after delivery. If no complaints are communicated within this period, the customer is deemed to have approved and accepted the delivery. Under penalty of inadmissibility of the complaint, the customer must be able to prove that he has stored the products correctly both before and after discovering the defects. Under no circumstances may the customer return the products to Willaert without the latter's prior consent. Willaert reserves the right, together with the customer, to determine the defects on the spot and to determine the cause. Under no circumstances is Willaert responsible for the loss of or damage to returned goods until they have been accepted by Willaert in its warehouses. Filing a complaint does not entitle the customer to suspend his payment obligations. The customer is obliged to reimburse the costs incurred as a result of unjustified complaints. The guarantees that Willaert offers to the customer remain, at Willaert's own choice and insight, limited to (in whole or in part): (a) replacement (b) take-back of the relevant products, with credit to the customer. The customer acknowledges that Willaert does not guarantee that the goods meet the regulations or requirements that apply in any jurisdiction except the regulations or requirements that apply in Belgium.
  14. Liability: With the exception of the indemnity by Willaert according to the above warranty provision, Willaert's liability is limited to the invoice value (excl. VAT) of the products it supplies and in any case limited to liability imposed by law. Under no circumstances is Willaert obliged to compensate for indirect damage (such as, but not limited to, loss of income or damage to third parties). Nor is Willaert liable for defects that are directly or indirectly caused by an act of the customer or of a third party, regardless of whether they are caused by an error or negligence. The destination of products by the customer himself or by a third party is done under the full responsibility and at the risk of the customer. Willaert can in no way be held liable for direct or indirect damage resulting from this destination.
  15. Promotions: Promotional gifts by Willaert in any form (such as but not limited to price reductions, discount coupons, free shipping, etc.) must always be used according to the guidelines as expressly stated. In any case, these can only relate to 1 order, cannot be cumulated and have a personal character.
  16. Force of majority / hardship: If Willaert, due to force majeure, is unable to fulfill its obligations or unreasonably aggravates its implementation, it has the right to fully or partially execute its performance for the duration of this force majeure or definitively on to suspend, without being obliged to give any prior notice or to owe any compensation. Are conventionally considered to be cases of force majeure: war, blockade, uprising, strike or lock-out, seizure, shortage of means of transport, general scarcity of raw materials or products, restrictions on energy consumption, either at Willaert or at one of its suppliers, etc.
  17. Compensation: In accordance with the provisions of the Financial Collateral Act of 15 December 2004, Willaert and the customer automatically and legally compensate all current and future debts in relation to each other. This means that in the permanent relationship between Willaert and the customer, only the largest debt remains on balance after the aforementioned automatic settlement. This set-off will in any case be enforceable against the trustee in bankruptcy and the other concurrent creditors, who will therefore not be able to object to the set-off made by the parties.
  18. Personal data: The customer gives Willaert permission to include the personal data provided by the customer in an automated database. Willaert hereby acts in accordance with the Belgian Data Protection Act of 8 December 1992. This data will be used for the purpose of conducting information or promotional campaigns in connection with the services and / or products offered by Willaert in the context of the contractual relationship between Willaert and the customer. Willaert regularly sends newsletters. If the customer no longer wishes to receive the newsletters, he can unsubscribe at any time via a link in the newsletter. The customer can always request communication and correction of his data. If the customer no longer wishes to receive commercial information from Willaert, the customer must inform Willaert in writing. Costs for changes to original data of the customer, arising at his request, are always charged.
    Choice of law: Only Belgian law applies, unless determined otherwise by mandatory regulations.
  19. Mutual guarantee and commitment to a rapid dispute settlement for arbitration: Disputes between Willaert and the customer are the exclusive competence of the B.A.I. (Belgian Arbitration Institution) in charge of appointing arbitrators who will be authorized to settle any dispute in accordance with its operating regulations, which can be obtained free of charge from BAI, Lieven Bauwensstraat 20, 8200 Bruges (tel. 050/32 35 95 and fax 050 / 31 37 34). This clause forms an integral part of the sales conditions and replaces all conflicting jurisdiction clauses, unless Willaert expressly deviates from this in writing.

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