General Conditions of Sale
These General Conditions of Sale shall govern all legal relationships between MMcreation and the buyer. Merely by placing an order and/or receiving an invoice the buyer shall be deemed to be knowledgeable of and to have accepted the General Conditions of Sale. Unless otherwise agreed beforehand in writing, all other terms and conditions shall be unenforceable against MMcreation. Any expressly agreed deviations from the General Conditions of Sale shall be of an individual nature and confined to the case in question. MMcreation expressly reserves the right to amend the General Conditions of Sale at any time.
Conditions of payment
Unless otherwise agreed at the time of the order, all MMcreation invoices shall be payable net in cash in euro to its registered office without any discount. Bills of exchange shall not cause any debt or any deviation from this clause. Any invoice unpaid at due date shall automatically incur without prior reminder or notice of breach annualised interest of 12% and shall further be increased automatically without prior reminder or notice of breach by fixed compensation for damage equal to 10% of the owed amount, subject to a minimum of €150.00. Non-payment of any invoice by due date shall further automatically and without prior reminder or notice of breach cause the forfeiture of any granted discounts or payment terms and also the immediate payment on demand of all sums owed to MMcreation.
Reservation of title
Delivered goods shall remain the property of MMcreation until receipt of full payment of all amounts owed by the buyer, either in respect of the delivery concerned or earlier or later deliveries, including the price and all collection costs, compensation for damage and interest owed by the buyer. Without prejudice to the reservation of title, the risk attached to ordered goods shall transfer to the buyer at the time of delivery. If the price is not paid by due date, MMcreation shall have the right to dissolve the agreement without prior recourse to the courts and without serving prior notice of breach and to take back the delivered goods, in each instance without prejudice to its right to require compensation for damage.
Goods, including those shipped carriage paid, shall always be carried at the responsibility and risk of the addressee. The buyer shall immediately inspect the condition of the goods on receipt. Delivered goods shall be deemed to have been accepted. From the time of delivery of the goods, the buyer shall be liable for damage incurred or caused by the goods as the entire risk shall transfer to the buyer at that time. Any stated delivery times shall be purely for guidance. MMcreation shall never be bound to provide compensation for any damage arising from any overshoot of the stated delivery time.
Any complaints concerning the goods shall be made sufficiently articulated in a registered letter sent within 8 days after the goods were received, delivered or rejected. On expiry of this period of time there shall be an indisputable presumption that the goods have been accepted. The buyer shall bear the burden of proof of timeliness. The start of usage of the goods in any way whatsoever, either fully or partly, shall irrevocably constitute their unreserved acceptance. No complaint shall ever give the buyer the right to suspend or to defer all or part of the payment.
Without prejudice to the application of provisions of mandatory law or public order, MMcreation expressly declines any liability for any damage caused by the delivered goods (or their usage). Even if MMcreation is under obligation to provide compensation for damage, it shall always be limited to the direct damage incurred. Any claim concerning indirect damage, including but not confined to bodily injury, consequential damage and damage to third parties, shall be expressly excluded. MMcreation declines any liability for damage and/or impairment resulting directly or indirectly from:
- human intervention in the wood or other delivered materials;
- incorrect storage, assembly or fitting of the sold goods. The fitting and where applicable assembly of the sold goods shall occur entirely at the risk of the buyer.
Any provision of these General Conditions of Sale held to be fully or partly null and void shall not affect the validity of the other provisions.
All disputes with consumers shall be subject to the exclusive jurisdiction of the courts in the judicial district of the vendor. All disputes with enterprises or traders shall be subject to the exclusive jurisdiction of the courts at Antwerp. All disputes shall be governed by the laws of Belgium.