Terms & Conditions

GENERAL

Art 1. These conditions shall apply to all our sales and deliveries unless otherwise agreed to in writing.

TRANSPORT

Art 2. Transport of goods is at the sole risk of the Buyer, even in the case of carriage paid to destination. It is the Buyer's duty to arrange the necessary insurance.

Art 3. The certificate required to exempt the conveyers, is being signed by us in order to facilitate the consignment. This formality has no binding effect whatsoever.

Art 4. Transport related complaints are to be registered by the addressee at the latest after the goods have been unloaded, on the transportation document which is intended for the Seller and is to be returned by the driver.

GOODS

Art. 5. Unless explicitly stated otherwise in writing, the Seller is to be considered sole holder of the copyright, neighbouring rights and all other intellectual property rights of the sold goods, merchandise and works of art. It is therefore known to the Buyer that the Seller is offered protection by the Copyright Act, the Uniform Benelux Design Act and other national and international legislative acts in force. Any reproduction, direct or indirect trading, possession or stock of afore-mentioned goods by the Buyer without express and prior consent of the Seller shall be legally considered as deceptive counterfeit as described in Art. 8 of the Belgian Copyright Act, for which the Seller may claim appropriate compensation, and may also impose further strike actions at the expense of the Buyer.

Art. 6. The size and colour of our products are inevitably subject to change, especially since we are dealing in arts and crafts. The usual tolerance is therefore accepted.

Art. 7. Collected goods are definitely accepted upon departure of the warehouse. Goods delivered to destination are definitely accepted, both qua quality and quantity, when the goods are unloaded and thus amenable to inspection.

Art. 8. Delivered goods may not be returned.

DELIVERY TIME

Art. 9. The time of delivery is merely indicative and not binding. Delay in the manufacturing process can never give cause for compensation or cancellation of the agreement.

QUALITY

Art. 10. All complaints must be notified to the Seller per registered letter within eight days after delivery of the goods.

Art. 11. The fact that the goods are pre-packaged cannot be called upon by the Buyer to extend the term for submitting complaints concerning the quality and defects.

Art. 12. We cannot be held liable for the consequences of processing goods with apparent defects or for goods that were wrongly delivered, since all irregularities can and should be notified to us upon receipt.

Art. 13. The contracting parties expressly agree that complaints concerning defects of the goods should be notified to the Seller within 8 days after delivery. After expiry of this term no further complaint can be raised to the Seller. Hidden effects can only be considered if they have been traced with all due speed and promptly submitted, and if in the meantime the goods have not been processed.

LIABILITY

Art. 14. Our responsibility due to apparent or hidden defects to delivered goods is limited to replacing the goods only.  The Buyer hereby expressly agrees not to claim any additional compensation.

PRICE

Art 15. Because of the economic circumstances which may influence the standard price of the raw material, the wages, rate of exchange etc., we cannot guarantee that the goods will be delivered at the fixed price. In addition we can invoice exclusively at the price and conditions currently in use at the time of delivery and this without prior warning.

Art. 16. Any remark concerning the price must be notified within eight days after receipt of the invoice. After this term has expired the Buyer unambiguously recognizes to have accepted the invoice.

PAYMENTS

Art. 17. All accounts are payable at the address of the head office of the Seller. We do not revoke this right when drawing a bill of exchange.

Art. 18. All invoices are payable in cash without any deduction on account and free of set-off. On payment of our invoices with a delay of more than 30 days after the invoice date, we are compelled to charge an additional reimbursement, called 'credit squeeze', of 2% of the total amount due.

Art. 19. Every payment delay will hold the Buyer liable, without notice of default being required. The Buyer will be legally bound to pay a monthly interest of 1% in arrears, as from the first day following the due date. A month started is considered to be a full month for the calculation of the interest.

Art. 20. In case of non-payment at due date of the invoice, due to negligence or malice and after notice of default, an additional amount of 15% of the total amount due will be charged officially, with a minimum of 40 Euro, by way of contractual penalty clause and fixed compensation for non-legal expenses, without this stipulation constituting a legal impediment to the possible application of art. 1244 B.W. in favour of the debtor.

DISPUTES

Art. 21. In the matter of disputes the court at the address of the head office of the Seller is the only court having jurisdiction. If a settled account gives cause for legal proceedings, ALL expenses, damages and interest concerned are fully paid by the debtor of the account.

OWNERSHIP CONDITIONS

Art. 22. We will remain owner of the goods until the payment is made in full. The Buyer has the personal obligation towards the Seller not to gain possession of the purchased goods in any way, neither as freehold, nor through a pledge of guarantee or hypothecation, until full payment of the amount.

(for French customers see French Law Art. 80-338 dd. 12 May 1980)

In case of complete or partial non-payment of the amount due on the expiry date, for whatever reason, the Seller retains the informal right to take back the delivered goods at the expense of the Buyer. For goods which are not strictly identifiable the same conditions of ownership apply as those for goods delivered by us with the same reference.

GDPR

Art. 23. Gardeco Objects bv attaches great importance to the correct processing of personal data and acts according to EU Regulation 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data (hereafter: “GDPR”). Gardeco Objects bv refers to the privacy policy on the website for more detailed information about data protection (www.gardeco.eu).

These general conditions are exclusively governed by the Belgian Law. The Dutch text of these general conditions shall always override in case of dispute.