Your cart is currently empty!
How can we help?
Object
1.1 In these standard terms and conditions, the 'seller' means 'IN2-CONCRETE BVBA, located at Lange Ambachtstraat 10, 9860 Oosterzele (Belgium), with company number 0598.892.252'. In these standard terms and conditions, the 'buyer' means any professional purchaser of products (for the definition thereof, see below in these terms and conditions) from the seller in accordance with these general terms and conditions.
1.2 The present general terms and conditions apply to all professional sales and deliveries of goods and services (hereinafter the 'products') by the seller to the buyer under any agreement between the aforementioned parties (hereinafter the 'agreement'). The Agreement is concluded by the submission of an order or registration confirmation by the Seller to the Buyer, after the latter has placed an order for products with the Seller, regardless of the manner in which (verbally, electronically, etc.) or the place where (on the Seller's premises, at trade fairs, via the Internet, etc.) this is done. The order confirmation shall, if possible (at trade fairs, sales on the Seller's premises, etc.), be handed over to the Buyer immediately on paper and shall, in any case, also be sent by e-mail, together with the present General Terms and Conditions, to the e-mail address given to the Seller by the Buyer.
1.3 Unless expressly approved in writing by the seller, the buyer can under no circumstances invoke any general terms and conditions stated on documents sent by him, even if these are sent as part of an order and the seller does not expressly protest against these terms and conditions after the order confirmation. No change, modification or rejection of one or more of these terms and conditions shall be valid unless expressly agreed otherwise in writing between the parties.
1.4 In the event of contradictions between the order confirmation and these general terms and conditions, the general terms and conditions shall prevail, unless the order confirmation explicitly deviates from (i.e. differs from any article in) the general terms and conditions.
1.5 The agreement is concluded once the order confirmation, to which these general terms and conditions are attached, is transmitted to the buyer by In2-Concrete .
Payment terms
2.1 Payments must be made within the period indicated on the order confirmation. Goods will only be shipped after full payment. If the Seller decides to dispatch the goods anyway before any request for payment, they must be paid within thirty (30) days after the invoice date.
The products are invoiced immediately after the date on which they leave the Seller's premises. However, the Vendor reserves the right to charge an advance, in which case the products shall only be delivered after payment thereof.
2.2 The seller reserves the right not to deliver the products as long as any amounts due under any agreement with the buyer have not been paid (in full), including all interest and liquidated damages that are still due, as stipulated in articles 2.3 or 2.4 of these general terms and conditions.
2.3 If any invoice is not paid or not paid in full, interest of 12 % per year shall apply automatically and without notice of default on such amounts from the date on which the amounts are due until the time of full payment.
2.4 In the event of non-payment or incomplete payment of the amount(s) due, the seller shall also be entitled, automatically and without notice of default, to a flat-rate compensation of 10% of the invoice amount in addition to the amounts still due at that time and without current interest, but at least €250 per invoice, without prejudice to the seller's right to claim additional compensation if the latter proves that the damage suffered is greater than both aforementioned amounts.
2.5 All invoices are payable at the registered office of the seller.
2.6 The buyer shall under no circumstances be entitled to set off any amounts (allegedly) owed to him by the seller against any amounts (allegedly) owed to the seller.
Delivery of the products
3.1 The delivery times and dates given by the Seller for products, as indicated below, are approximate only. Delivery after the estimated delivery date shall not give rise to cancellation of the Agreement.
3.2 After or together with the order confirmation, the buyer will receive a quotation from the seller with a delivery date for the products, in accordance with article 1.2 of the General Terms and Conditions, but only as an indication.
3.3 The buyer is expected to inspect the products immediately upon delivery and to notify the seller in writing of any visible defects within 7 days of delivery. In such a case, the buyer shall also provide the seller with the necessary evidence, whereupon the seller shall examine said evidence in accordance with its internal procedures and immediately inform the buyer of any further procedures. If the seller acknowledges the defect, it may either deliver a replacement product or issue a credit note. Visible defects not reported to the seller within the aforementioned period shall be deemed accepted by the buyer.
3.4 If any amount owed by the buyer for the order concerned or other order confirmations is not paid in full, the seller has the right to suspend the delivery of the products until all amounts have been paid in full. The seller is also entitled to suspend the delivery of the products if for any reason he doubts the buyer's creditworthiness and/or if the buyer is not reasonably (sufficiently) creditworthy, taking into account the order placed by him as stated on the order confirmation.
Cancellation of the order
4.1 Notwithstanding the application of the present general conditions, and in particular of article 4.2 below, the buyer has the right to cancel his order before delivery of the products. Such cancellation must be made in writing, the date of receipt of the cancellation by the Seller shall determine the compensation set out below.
4.2 If the purchaser cancels (part of) his order within 14 calendar days after the date on which the order confirmation was sent by e-mail, he must pay 30% of the price (including VAT). If the buyer cancels (part of) his order as of 14 calendar days after the date on which the order confirmation was sent by e-mail, he must pay 50% of the price (including VAT). Cancellation is no longer possible once the products have been dispatched.
Risks
5.1 All risks, of whatever nature, shall be borne by the Buyer from the time the products leave the Seller's premises.
5.2 If the products cannot leave the Seller's premises due to any cause attributable to the Buyer, the risks shall pass to the latter on the date on which the products were scheduled to leave the warehouses as communicated to the Buyer.
Ownership
6.1 The products remain the property of the seller until their full price has been paid. If, for any reason whatsoever, the Buyer owes any other interest and/or liquidated damages to the Seller, the products shall become the property of the Buyer as soon as such interest and/or liquidated damages have been paid in full.
6.2 In the event of non-payment, the buyer shall return the products to the vendor immediately and in good condition at the vendor's first request. In such a case, the seller also reserves the right to take immediate possession of the products which, as stated in article 6.1 above, have remained its property and to resell them. To this end, the Buyer grants the Seller's employees, representatives and delegates the irrevocable right to enter its premises. This right shall remain valid until the termination of the agreement for any reason whatsoever and shall not affect the rights acquired by the Seller under these General Terms and Conditions or in any other way.
Liability
7.1 The Seller shall not be liable for any defects in the products caused by normal wear and tear, abnormal or unsuitable conditions of storage or use or any act, omission or fault of the Buyer or any third party.
7.2 The total liability of the seller to the buyer shall in any case be limited to the price (excluding VAT) invoiced to the buyer for the products that caused the damage. This limitation of liability shall apply regardless of the act or omission of the Seller or any of its representatives, regardless of the applicable liability regime including but not limited to contractual liability, extra-contractual liability, strict liability, product liability, liability for hidden defects, even in the case of gross negligence on the part of the Seller and, moreover, in the case of serious and wilful misconduct by the Seller's representatives.
7.3 The seller shall not be liable for differences in the colour, the shape or the weight of the products in comparison with the description given by the seller, as stated in brochures, on the Internet, at fairs, etc. The seller shall also not be liable for defects in the structure or materials of the products.
7.4 The use of the products is subject to all intellectual property rights. All intellectual property rights to the products delivered by the Seller remain the property of the latter in the fullest sense, unless otherwise stated in the quotation, on the invoice and/or in the order confirmation. Since the transfer of the creation neither implies that the intellectual property rights on the aforementioned creation are also transferred, nor can it be considered as such, any reproduction, publication, exhibition or any other form of use is only possible after prior written approval by the vendor, on condition that the name of the vendor is mentioned and/or on condition that specific conditions of use are observed (e.g. mentioning the name of the designer, etc.).
Force majeure
Seller shall not be liable to Buyer for any loss or damage allegedly suffered by Buyer which is directly or indirectly caused by the fact that the performance of the contract is obstructed, made difficult, delayed, denied or made economically inadequate by circumstances or causes beyond Seller's reasonable control, including but not limited to strikes, lockouts, labor disputes, machinery breakdowns, floods, storms, difficulties or increased cost of obtaining manpower, materials or transportation, strikes or delays at Seller's supplier or refusal to deliver by said supplier.
Termination
9.1 The vendor shall have the right to terminate the agreement immediately and automatically by registered letter if the buyer fails to comply with one or more of the essential obligations contained in the agreement or in these general terms and conditions, or if any amounts owed by the buyer in relation to this or previous orders placed with the vendor are not paid in full, without prejudice to any other rights of the vendor, including its right to compensation.
9.2 The seller shall be entitled to terminate the agreement immediately or to demand full advance payment or other guarantees from the buyer before delivery if the buyer is the subject of a bankruptcy or suspension of payments, goes into liquidation or makes other judicial or extrajudicial arrangements with creditors.
Training
10.1 All registrations for training courses organised by the Seller shall also be subject to the above General Terms and Conditions, unless otherwise stated below.
10.2 Cancellation more than 14 calendar days prior to the day of training shall be free of charge. If cancellation takes place between 14 and 8 calendar days before the start of training, 50% of the registration fee will be due. If cancelled 7 or fewer calendar days before the start of training, 100% of the registration fee is due.
10.3 If the training cannot take place due to unforeseen circumstances, we will inform the buyer about a new date as soon as possible. In this case, the seller will not automatically refund the registration fees already paid by the buyer.
10.4 For specific training courses or training courses of more than 8 hours, special cancellation conditions may apply. These will, if applicable, be communicated upon registration.
Final Provisions
11.1 The failure or omission of the parties to enforce or comply with any term or condition of the Agreement shall not be deemed a repudiation of such term or condition.
11.2 The Agreement shall be exclusively governed and interpreted in accordance with Belgian law. Only the courts of the department in which the seller is established are competent to decide on any dispute relating to the agreement.
11.3 If any provision in the agreement or any part thereof is declared invalid, this will not affect the remaining provisions in the agreement or the remaining part of the aforementioned provision. In such a case, both parties shall replace the (part of the) provision(s) declared invalid by (a) new provision(s) that comes as close as possible to the original intention of the parties and the agreement.
11.4 The information and personal data transmitted by the buyer to the seller, including the buyer's e-mail address, are entered into a database used by the seller or third parties engaged by the latter for administrative purposes and to keep the buyer informed of current and future services, products, promotions, etc. of the seller. The buyer's personal data (including the data of his contacts) are processed by IN2-CONCRETE BVBA, located at Lange Ambachtstraat 10, 9860 Oosterzele (Belgium) as the responsible party. The buyer, as a natural person, has the right to refuse, free of charge, to have his personal data used for direct marketing. He can indicate this to the seller by ordinary letter or e-mail. The buyer, as a natural person, also has the right to consult and correct his data. If he wishes to exercise these rights, he will send a request to the seller.
11.5 The execution and/or acceptance of a note or other negotiable documents may not be regarded as a novation of any kind or as a deviation from these General Terms and Conditions.
11.6 The legal place of delivery is always Belgium.