TERMS AND CONDITIONS OF SALE
Applicable from June 1st 2023
Clause no. 1: Purpose and scope of application
The present general terms and conditions of sale (GTCS) form the basis of commercial negotiations and are systematically sent or handed to each purchaser to enable them to place an order.
The general terms and conditions of sale described below detail the rights and obligations of Dôme Belgique SRL and its customer in connection with the sale of the following goods: Saddle pads, liners, bags, etc…
Acceptance of the quotation/order form, including the clause “I acknowledge that I have read and accept the attached general terms and conditions of sale”, implies the buyer’s unreserved acceptance of these general terms and conditions of sale.
Clause 2: Prices
The prices of goods sold are those in force on the day the order is taken. They are denominated in euros and calculated inclusive of VAT, plus shipping costs applicable on the day the order is placed.
Dôme Belgique SRL reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Clause 3: Discounts and rebates
The prices quoted include any discounts and rebates that Dôme Belgique SRL may grant on the basis of its results or the buyer’s assumption of responsibility for certain services.
Clause no. 4: Discount
No discount will be granted for early payment.
Clause no. 5: Terms of payment
Orders may be paid for :
by credit card; Visa, Mastercard, American Express, PayPal.
Payments will be made under the following conditions:
Payment at time of order
No merchandise will be delivered until it has been paid for in full.
Clause 6: Late payment
In the event of total or partial non-payment of goods delivered on the due date, the buyer must pay Dôme Belgique SRL a late payment penalty equal to three times the legal interest rate.
The legal interest rate is that in force on the day of delivery of the goods. (Law of August 02, 2002 concerning the fight against late payment in commercial transactions, transposing Directive 2000/35/EC of the European Parliament and of the Council of June 29, 2000).
This penalty is calculated on the amount due, inclusive of tax, and runs from the price due date, without the need for prior formal notice.
In addition to the late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed indemnity of 40 euros to cover collection costs.
Clause 7: Resolutory clause
If, within fifteen days of the implementation of the “Late payment” clause, the purchaser has not paid the sums still due, the sale will be cancelled by operation of law and may give rise to a claim for damages against Dôme Belgique SRL.
Clause 8: Retention of title
Dôme Belgique SRL retains ownership of the goods sold until full payment of the price, in principal and in accessories. In this respect, if the buyer is the subject of a receivership or liquidation, the company Dôme Belgique SRL reserves the right to claim, within the framework of the receivership, the goods sold and remained unpaid.
Clause 9: Delivery
Delivery is made either directly to the purchaser, via Bpost or DHL.
The delivery time indicated when the order is placed is given for information only and is not guaranteed.
Consequently, any reasonable delay in the delivery of products shall not entitle the purchaser to : compensation for damages ;
cancellation of the order. Transport risk is borne entirely by the purchaser.
In the event of missing or damaged goods in transit, the purchaser must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgement of receipt addressed to the company.
In the event that delivery by Bpost or DHL cannot be made in the absence of the purchaser, the cost of returns will be borne exclusively by the purchaser.
Clause n°10 : Intellectual property clause
SRL Dôme Belgique is the owner of patents, brand names, websites, logos, photographs and videos, product names, models and drawings.
Clause 11: Force majeure
Dôme Belgique SRL cannot be held liable if the non-performance or delay in performance of any of its obligations described in these terms and conditions is due to force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of articles 1147 and 1148 of the French Civil Code.
Clause 12: Competent court
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
Failing amicable resolution, the dispute will be referred to the Commercial Court of Nivelles,
Belgium.
Beauvechain, 31/05/2023