Terms of use

GENERAL TERMS AND CONDITIONS OF SALE

 Art. 1

All our sales, works, deliveries and services are exclusively governed by the following general terms and conditions, to the exclusion of any of the customer's own terms and conditions, even if subsequently communicated.

Deviations from our general terms and conditions shall only be valid if expressly stipulated and agreed in writing.

Art. 2

Unless otherwise stipulated, our offers are entirely without obligation. We are only bound by the written order confirmation signed by us. The contract is only concluded after our written confirmation.

Any cancellation of an order and/or assignment must be made by registered letter. It is only valid subject to our written acceptance. If the customer cancels his order and/or assignment after our confirmation of order but before any execution of the order and/or assignment, he shall pay a cancellation fee within 8 days, which is fixed at 20% of the total amount of the order and/or assignment, on the understanding that we shall be able to prove the actual damage by all legal means if it is more.

In case of cancellation of the order and/or the assignment after commencement of the execution of the agreement, the customer shall pay a cancellation fee within 8 days, which is estimated at 40% of the total amount of the order and/or the assignment, on the understanding that we can prove the actual damage by any legal means if it is more.

Art. 3

Terms of delivery and execution are given in good faith but only approximately and are therefore not binding, unless otherwise agreed in writing by the parties.

Unless otherwise agreed between the parties, the delivery or execution period only runs from payment of the advance if requested and after the customer has provided us with all necessary information for execution.

Delay in delivery or execution can therefore never give rise to penalties for delay, compensation or dissolution of the agreement at our expense.

Art. 4

The prices mentioned in our quotations and/or order confirmations are valid on the date of the quotation and/or order confirmation and as long as the contractual term of execution runs.

Our prices are net ex works. These prices can be revised and adjusted by mutual agreement in function of additional services.

These prices are also linked to the health index and will be adjusted annually (in December) according to the following formula: adjusted fee = basic fee x new index figure/starting index figure

The basic fee is the price mentioned in our quotation and/or order confirmation. The new index figure is the index figure of the month preceding that of the adjusted fee. The starting index figure is that of the month preceding the date of the quotation and/or order confirmation.

The index adjustment occurs automatically, without any reminder in this regard.

Transport costs for the delivery of goods are always borne by the customer. The customer can determine a transporter himself, if not Akkuraat will do so.

Art. 5

All drawings, plans, patterns, designs and technical descriptions remain exclusively our property, unless otherwise agreed.

Without permission, they may not be used, copied, multiplied, passed on to or brought to the notice of third parties by the customer.

Art. 6

All drawings, plans, patterns and gradations, designs , technical descriptions and/or related deliveries must be checked within 5 days. Any complaint, deviation or shortcoming must be indicated within this period by registered letter. Otherwise, any possible complaint will be cancelled. Before going into production, the pattern must be worked out in a sample to verify its feasibility for production. Akkuraat can never be held liable for a complaint made in connection with the (final) product based on the delivered pattern and/or related deliveries.

Akkuraat can also never be held liable for damage and/or loss made to samples during the execution of the order and/or transport.

Art. 7:

All invoices are, unless otherwise stipulated in the sales conditions, payable in cash and without discount at the registered office in Dikkelvenne-Gavere.

Any protest with regard to an invoice must under penalty of inadmissibility reach the registered office of Akkuraat by registered letter within eight calendar days after the invoice date. To be valid, the protest must be substantiated.²

Any invoice not paid or not paid in full on its due date will, as from receipt of the second reminder to pay, automatically and without prior notice of default, incur interest on arrears of 10% per annum or as stipulated in article 5 of the Law of 02/08/202 to combat late payment in commercial transactions.

Furthermore, in case of non-payment, as from the receipt of the second payment reminder and without prior formal notice, a fixed compensation will be charged in the amount of 15% of the invoice amount (with a minimum of €40), this to compensate for administrative costs.

Art. 8

We reserve the right to regard the agreement with the customer as terminated ipso jure and without prior notice of default at the expense of the customer in the event of bankruptcy, judicial composition, suspension of payment or apparent insolvency of the customer, as well as in the event of any change in the customer's legal form.

If the customer fails to fulfil his payment obligations towards us, we reserve the right, on the one hand, to postpone the further execution of the specific or any other agreement with the customer until full payment by the customer of all arrears, and, on the other hand, to consider the agreement terminated ipso jure and without prior notice of default at the expense of the customer.

Art. 9

The agreements are concluded at Dikkelvenne and are subject to Belgian law.

Any dispute that may arise from the interpretation or execution of the contract falls under the exclusive territorial jurisdiction of the Justice of the Peace of Ghent.

All disputes regarding an invoice must be notified by registered mail within 8 days after the invoice date.

Art. 10

GDPR: Your personal data will be processed by us for customer and supplier management based on the contractual relationship as a result of your order or request for quotation and for direct marketing. if you do not want us to process your data for direct marketing, simply inform us by e-mail. You can also ask us at any time what data we process about you or request deletion.


Helga De Filette - Freelance modeliste lingerie & fashion - De Wieleman 8 - 9890 Dikkelvenne (Gavere)
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