Terms and conditions of trade

Section  1

The agreement is concluded at the seller’s head office. These present general terms and conditions are the only ones which are applicable, even if the buyer includes his or her own terms and conditions on the order.

The seller reserves the right to reject orders and not to conclude a sales agreement if the buyer is still under an obligation to pay at least one expired invoice. 

The seller reserves the right to reject orders and not to conclude a sales agreement if the buyer fails to meet a request for a financial guarantee or a request to pay in advance of any delivery.

Section 2

Invoices must be paid within thirty days of the invoice date unless a different agreement has been reached. 

If the seller accepts a bill of exchange or a cheque, the actual payment must be completed by this deadline.

The invoiced amounts are due, even if they differ from amounts listed in a price quotation. 

The buyer shall also be bound to pay all accompanying costs incurred during the execution of the sales agreement, including Insurance, money transfer, and transport.

Section 3

In the event of non-payment by the expiry date, the claim may be demanded in full and immediately, without prejudice to standard interest of 12% per annum and standard compensation of 10% with a minimum of €125.00 without prior notice of default. 

If the buyer cancels an order which the seller has received without the prior consent of the seller, the buyer shall be obliged to pay compensation of 20% of the sales price, without prejudice to any costs already generated such as the cost of packaging material or transport.

Section 4

The buyer does not become the owner of the sold goods until the purchase price has been paid in full.

The sold goods are always transported at the expense and risk of the buyer.

Section 5

All goods are supplied at the seller’s head office unless a different agreement has been concluded in advance. Unless the seller has agreed to transport the goods himself or herself or have them transported, the seller never bears any responsibility for the transport or supply of goods to the buyer or third parties. In the event of a delay in the supply by the seller, the buyer shall never have the right to any compensation.

Section 6

The seller is not responsible for any shortcoming in the growth of the plants. 

If the sold and supplied goods are ridden with any flaw, the buyer cannot claim from the seller any compensation which exceeds the value of the net sales price.

Section 7

Any complaints with regard to faults in the supplied goods or the execution of the sales agreement shall not be admissible unless they are actually formulated. Any protest must be confirmed by registered letter within 48 hours of receipt of the goods or within 8 days of receipt of the invoice in the event of prior invoicing.

Section 8

The seller reserves the right not to complete the order listed in the agreement or to complete it only partially in the event of circumstances beyond its control without being obliged to pay any compensation. Circumstances beyond one’s control includes the following cases, but this list is not definitive: transport, government measures, loss, inclement weather etc. The seller agrees under these circumstances to try to replace the ordered plants with similar plants.

Section 9

The agreement and trading relations are governed by Belgian law. Any disputes must be judged by the authorised courts of Dendermonde.