GENERAL CONDITIONS of Sale
These General Terms and Conditions of Sale apply to the contractual relationship between the customer and SFIC for the physical sale and delivery of products. The online sale of products on the Afwerkingshop website (www.afwerkingshop.be) is governed by separate terms and conditions of sale, which can be consulted on the Afwerkingshop website.
- 1.1. By accepting an SFIC quotation or paying an SFIC invoice, the customer expressly acknowledges to have read and fully accepted these General Terms and Conditions of Sale.
- 1.2. Unless explicitly agreed otherwise in writing (to be signed for approval by at least 2 competent persons at SFIC), there can be no exceptions to these General Terms and Conditions of Sale and any other general and/or special terms or conditions (of purchase) of the customer shall therefore not apply. The customer expressly declares to be aware of the fact that by accepting an SFIC quotation or paying an SFIC invoice he expressly waives the application of his own general and/or special (purchasing) conditions.
- 1.3. SFIC reserves the right to change and/or supplement these General Terms and Conditions of Sale at any time.
The latest version of the General Terms and Conditions of Sale is available at the SFIC collection points or can be consulted on the SFIC website: www.sfic.be/general-conditions.
2. Identity of SFIC
- 2.1. SFIC is the commercial name of the business units of NV SFIC, with registered office at Schampbergstraat 32, 3511 Hasselt, and registered in the Crossroads Bank of Enterprises under number 0400.953.260 (VAT number: BE 0400 953 260).
You can reach us using the contact pages on our website: www.sfic.be.
3. Capacity of the Customer
- 3.1. These General Terms and Conditions of Sale shall apply in full if the customer is a company within the meaning of the Economic Law Code.
- 3.2. If the customer is a consumer within the meaning of the Economic Law Code and/or Article 1649bis, §2, 1° of the Civil Code (i.e. If the buyer is a natural person who is acting for purposes that are in no way connected with his professional activity or commercial activity), the provisions of these General Terms and Conditions of Sale shall also apply in full, but, where appropriate, some exceptions and/or different provisions may apply. These are listed for you in Article 21.
4. Offers and Quotations
- 4.1. All offers in catalogues and brochures, all advertising announcements and any statements made on the SFIC website or on social media shall always be non-binding, unless specified otherwise. Likewise, the sending of offers, brochures, price lists etc. shall not oblige SFIC to conclude a contract.
- 4.2. All quotations are limited to what is explicitly stated in the quotation.
- 4.3. All SFIC quotations are communicated in writing and are valid only for the period specified. In the absence of such indication, they shall be valid for 8 days. Since some products are subject to market price fluctuations, SFIC reserves the right to place a strict time limit on its quotations. All offers are strictly subject to product availability.
- 4.4. If the customer orders only part of the products specified in the quotation, SFIC is entitled to refuse such order or to revise the prices as listed in the quotation (either in the form of a new or updated quotation or on a subsequent purchase order).
- 4.5. If the customer asks SFIC to draw up a quotation for a specific job, SFIC shall make every reasonable effort to tailor its quotation to the specific needs of the customer. However, this does not imply an obligation of result. In such cases, SFIC’s quotation is to be considered purely as an estimate of the requirements based on the data provided by the customer. As a result, any advice provided by SFIC to the customer in this regard is to be considered non-binding and without any obligation. The customer himself shall assume full responsibility for his order.
- 4.6. The customer acknowledges that he has been notified of and accepts that production, techniques, technology and design are subject to change specific to the sector, as a result of which some details of the products offered may differ slightly from the ordered or depicted model of the product. Such variations may however in no way detract from the specific characteristics and/or type of use specifically intended by the customer, as communicated to SFIC in writing where appropriate and approved by the latter party.
- 4.7. Any discounts applied may not be combined, unless specifically stated otherwise.
- 4.8. The prices stated in the quotation are subject to increase if the manufacturer, importer or supplier increases the recommended catalogue price or if SFIC is required to do so for a justifiable reason, including (but not limited to) extreme price fluctuations or product shortage on the market.
5. Conclusion, Subject Matter and Amendment of the Agreement
- 5.1. An agreement with SFIC is concluded by accepting a quotation or paying an invoice.
- 5.2. Quotations accepted by the customer and issued by an SFIC agent or orders placed by the customer via email shall only be deemed accepted upon receipt of SFIC’s written approval.
- 5.3. The data/information provided by SFIC in the quotation and/or on the purchase order is based on the information provided by the customer and available to SFIC on the date of the quotation and/or purchase order. However, SFIC shall not be bound by this quotation and/or purchase order if after drawing it up and sending it to the customer additional information is provided by the customer or third parties, or if unforeseen difficulties/circumstances arise. In such cases, SFIC shall notify the customer and make a proposal to the customer, stating the impact of the additional information and/or unforeseen difficulties.
- 5.4. Any amendment and/or addition to the agreement shall only be valid after written agreement by both parties. Failing such written agreement, the amendments and/or additions (as implemented and/or stated in the next invoice) shall be deemed to have been applied in accordance with the customer’s (oral) instructions.
- 5.5. SFIC reserves the right at all times to request additional information from the customer, including but not limited to information concerning his solvency and/or credit rating. If the customer refuses/fails to provide this information to SFIC, SFIC shall be entitled to refuse or suspend the delivery/sale of the ordered/desired products, or to require advance payment in full or payment in instalments.
- 5.6. If the quotation is accepted by the customer on his own behalf or on behalf of the company for which he is acting, both shall be jointly and severally liable for compliance with these General Terms and Conditions of Sale, in particular as regards payment of the full invoice amount, including appurtenances. If after conclusion of the agreement the customer requests that products or costs be billed to another or company or to several companies, the customer must first provide SFIC with correct and complete information. This is the full responsibility of the customer who shall remain at all times jointly and severally liable – along with the new company(ies) – for compliance with all commitments and obligations under the agreement.
6. Obligations of the Customer
- 6.1. The customer shall at all times be responsible for the data and information provided to SFIC. Under no circumstances shall SFIC be required to check the data for accuracy and completeness. The customer shall fully indemnify SFIC in this regard, where appropriate also against any claims by third parties.
- 6.2. The customer shall do everything necessary to ensure that delivery can be made safely and normally at the specified delivery address and within the agreed time frame. SFIC may therefore presume that the ordered products can be delivered at the specified delivery address using customary and basic means of transport. The customer shall ensure that the specified delivery address is properly accessible and that SFIC can use a standard unloading method.
For deliveries at height, the customer shall ensure that at least two people are present capable of effectively unloading the goods at height. Lorries require a minimum space of 15m in length and 3m in width. Where appropriate, the customer shall apply for the necessary permits and/or signage from the relevant municipality or police department. In case of questions, the customer may contact SFIC’s transport planner at any time.
- 6.3. The customer or his agent must be present at the time of delivery, otherwise SFIC reserves the right not to make delivery. Where appropriate, the related transport costs shall be charged to the customer.
- 6.4. If the customer collects the ordered products from a SFIC collection point/point of sale, the customer shall be responsible for the proper securing and weight of his cargo. SFIC shall not be held liable for any excess weight or loss of cargo of/by the customer.
- 6.5. The customer shall strictly follow and comply with all SFIC’s safety instructions and shall also apply the necessary caution when he is on SFIC sites. The customer is fully responsible for his own safety and that of the persons he brings with him or for whom he is responsible. Consequently, SFIC shall in no way be liable for any possible accidents on its sites.
- 7.1. The specified delivery date or period is only indicative.
- 7.2. SFIC’s transport planner shall contact the customer to arrange a time for delivery.
- 7.3. Failure to meet any specified delivery period or date shall not entitle the customer to cancel the agreement. SFIC shall make every effort to deliver the ordered products as quickly as possible. If the ordered products are no longer in stock and delivery is therefore likely to be delayed or even becomes impossible, SFIC shall notify the customer, whereupon the customer may cancel the order free of charge and SFIC shall reimburse any sums already paid by the customer.
- 7.4. Where necessary, SFIC reserves the right to deliver the ordered products in several batches.
- 7.5. Unless expressly agreed otherwise in writing, SFIC shall only deliver its products in Belgium.
- 7.6. Except in the case of collection from the selected collection point, SFIC shall deliver the products to the delivery address specified by the customer, unless subsequently agreed otherwise in writing. Any change to the delivery address shall entitle SFIC to pass on any additional transport costs to the customer and to extend the agreed delivery period.
- 7.7. SFIC shall be entirely free to choose the way in which the delivery/transport takes place, the means of transport to be used and/or the carriers hired for this purpose. If the customer wants the delivery of the ordered products to take place using a method other than SFIC’s delivery options and transport methods and SFIC approves such a request, the shipping costs and all associated costs shall be borne by the customer. The risk will also be transferred as soon as the carrier selected by the customer has taken delivery of the ordered products.
- 7.8. SFIC reserves the right to decide which is the most suitable shipment method for the customer based on the order (standard courier for small orders, by lorry for large orders or by lorry with crane for deliveries at height). If the customer wants delivery to take place at height, this must be stated in the quotation and/or on the SFIC purchase order.
- 7.9. Costs associated with delivery are affected by the shipping method, order value and place of delivery. The customer can obtain this information from all SFIC branches.
- 7.10. If the order has to be unloaded at the delivery location, this shall always take place for the customer’s account and at the customer’s own risk.
- 7.11. If the customer fails to take delivery of the ordered products at the agreed delivery time and the agreed delivery place and this failure is not attributable to SFIC or to force majeure, SFIC shall be entitled to invoice the customer for the (shipment) costs of another delivery.
8. Prices and Payment Terms
- 8.1. All prices are indicated in EUROS and do not include any taxes.
- 8.2. Unless agreed otherwise, prices shall be deemed to be exclusive of warranty items (such as but not limited to: boxes, europallets, GKPP etc.), delivery, packaging and/or storage costs.
- 8.3. Unless agreed otherwise, payments shall be made in advance or in cash and without discounts. In the case of advance payments, the products may only be collected or delivered if the full sale price (principal and appurtenances) or the advance payments required by SFIC have been made and received in SFIC’s account. The first purchase made by the customer from SFIC must always take place in advance or in cash on collection or delivery.
- 8.4. Full payment of the total outstanding amount shall be made by the SFIC invoice due date at the latest. In the absence of payment by that date, interest of 1% per started month shall automatically be due without prior notice until the date of full payment, and the amount due shall also be increased by compensation of 15%, with a minimum amount of EUR 50, plus any legal and bailiff fees.
- 8.5. Failure to pay an invoice by its due date shall entitle SFIC to immediately demand payment of all the customer’s outstanding invoices, including those not yet due, in addition to payment of any invoices yet to be drawn up by SFIC for the products already delivered and/or costs incurred, without prejudice to any previously authorised payment conditions. In case of non-payment of an invoice, SFIC shall moreover be entitled to suspend or terminate any other existing agreements with the customer still to be performed.
- 8.6. Payment of invoices shall first be assigned to the late payment interest, then to late payment compensation and only thereafter to the principal amount for the oldest outstanding invoices. SFIC therefore reserves the right to first offset incoming payments with other invoices still outstanding.
9. Retention of Title and Risks
- 9.1. In derogation of Article 1583 of the Civil Code, the transfer of ownership in the delivered products shall only take place after full payment of the price (where appropriate, including interest, compensation and other costs).
- 9.2. Without prejudice to the fact that the transfer of ownership in the ordered products shall only be made to the customer after full payment for them, the risk is already transferred to the customer at the time of the customer taking delivery of the products or at the time of collection (in the latter case, from the time the products are loaded for transport in the SFIC warehouses, whether or not this service is provided by SFIC).
- 9.3. SFIC reserves the right to take back the products if payment is not received or not received in full on the invoice due date.
- 9.4. The customer shall do everything that may be reasonably be expected of him to secure the ownership rights to the unpaid products and shall therefore not sell or otherwise dispose of them, encumber them, pledge them etc.
10. Termination of the Agreement and Return of Products
- 10.1. The customer shall have the right to cancel the purchase of the products and to return any already delivered or collected products to a SFIC collection point or point of sale within 30 calendar days following the date of collection or delivery, subject to the provisions of this article and subject to SFIC’s express consent. The products involved in the cancelled purchase may be exchanged for other products, a credit note or a voucher, subject to SFIC’s approval. Unless agreed otherwise in writing, the above provisions shall no longer apply after the specified period of 30 calendar days has passed.
- 10.2. In case of exchange, a compensation of at least 20% of the sales value (excl. VAT) for the products concerned shall be retained, where appropriate to be supplemented by transport costs if the delivered products need to be collected from the customer by SFIC. The exact exchange compensation shall be unilaterally determined by SFIC at the time the customer returns the products to SFIC and shall depend on the condition of the goods, the packaging etc. (see also art. 10.3). Any costs associated with the initial delivery shall under no circumstances be refunded.
- 10.3. The exchange of delivered products shall only be accepted by SFIC subject to a minimum exchange compensation of 20% if the products are returned in their original condition, in their original packaging and accompanied by any accessories, certificates of conformity and/or instruction booklets, together with the original invoice or receipt. Damaged and/or incomplete products may also be accepted by SFIC, but SFIC reserves the right to determine specific exchange compensation in such cases.
- 10.4. An order of customised products or an order of especially large quantities of certain products cannot be cancelled by the customer under any circumstances. Such products can therefore not be exchanged. This assessment shall be at the sole discretion of SFIC.
- 10.5. Non-payment of advance payments shall not entitle the customer to withdraw from the agreement and not to pay the agreed price. If the customer has still not made the advance payment or taken delivery of the ordered products within 10 calendar days of formal notice being issued by SFIC, SFIC shall be entitled to cancel the agreement at the customer’s expense, in which case the customer shall be obliged to pay a lump sum compensation of 30% of the (invoice) value of the order, without prejudice to SFIC’s right to prove any additional loss or damage.
- 10.6. SFIC shall be entitled to cancel/terminate the agreement with the customer – without any entitlement to compensation for the customer if, after the agreement is concluded, it becomes apparent that the customer has not provided SFIC with the correct data, information or documentation and/or if after concluding the agreement SFIC is not (or no longer) able to deliver the ordered products (for example, if the products are no longer in stock with its suppliers). Where appropriate, SFIC shall notify the customer thereof as quickly as possible. If SFIC is unable to offer the customer an acceptable alternative solution, SFIC shall reimburse to the customer the amounts already paid by the customer or advance payments within 14 days of receipt of the customer’s decision to reject the alternative solution.
- 10.7. In addition, SFIC shall be entitled to terminate the agreement with the customer if after concluding the agreement it becomes apparent that the customer is refusing to take delivery of the products or is the subject of insolvency proceedings, bankruptcy, liquidation or a restructuring procedure, requests deferment of payment from its creditors, is subject to a seizure or finds itself in any situation in which SFIC can reasonably be said to have doubts regarding the possibility for the customer of fulfilling his (payment) obligations in accordance with the agreement. In such cases, SFIC shall no longer be obliged to deliver the ordered products, unless the products in question have already been paid for. If necessary, SFIC shall notify the customer of this.
- 11.1. The customer shall benefit from the legal warranty for hidden defects as specified in articles 1641 to 1649 of the Civil Code if the hidden defect existed at the time of delivery and provided the hidden defect renders the product unfit for the purpose for which it is intended. Each hidden defect must be reported to SFIC by registered letter within a period of two months from the time at which the customer first observed it or could have normally been expected to have become aware of it.
In any event, visible defects must be reported to SFIC by registered letter within 3 working days of delivery.
- 11.2. Second-hand products or products in an aged or damaged condition are always sold as is and are excluded from the warranty scheme.
- 11.3. Products sold by SFIC are covered by the conventional warranties issued by the manufacturers of the products. SFIC itself does not provide any conventional warranty.
- 11.4. Every warranty shall be null and void if the customer has processed or used the products delivered by SFIC and the damage caused is attributable to the incorrect installation or use of the products.
- 12.1. SFIC shall under no circumstances be held liable if they are not provided with prior written notice by the customer to resolve the alleged defect within a reasonable period of time.
- 12.2. Unless expressly agreed otherwise, all SFIC’s obligations shall be obligations of means and not of result. Without prejudice to any legal provisions to the contrary, SFIC shall only be liable for damage caused due to non-compliance with its obligations if and to the extent that such damage is caused due to wilful or serious misconduct or fraud on its part. SFIC shall not be held liable for any other faults.
- 12.3. SFIC’s potential liability (contractual and extra-contractual) shall in all cases – and as appropriate – be limited to the amounts for which it is insured per claim, or in the event that the insurer does not intervene, the invoice amount for the products regarding which its liability is invoked.
- 12.4. SFIC can only be held liable for direct damages.
12.5. Furthermore, SFIC shall in no case be held liable for the following (this list is not exhaustive):
- – damage arising from wear and tear or from an application and/or use of the ordered/sold products that is not in accordance with normal use or with the manufacturer’s instructions for use, installation, cleaning or maintenance;
- – damage caused by unprofessional assembly of ordered/sold products by the customer and/or any third party;
- – damage caused by a defect in the delivered products, if such damage is due not only to the defect, but also to fault or negligence on the part of the customer or a person for whom the customer is liable;
- – Immaterial, indirect or consequential damage (for example, damage suffered by or claims by third parties, loss of profit, loss of turnover, loss of income, loss of opportunities/chances or any consequential damage caused by the delivered/sold products);
- – damage additionally caused by further use or application by the customer after discovery of the defect;
- – damage caused by force majeure (see Article 14 of these General Terms and Conditions of Sale).
- 12.6. If, in the fulfilment of its obligations, SFIC is dependent on the collaboration and services or deliveries by third parties, it shall not be liable for any damage arising from their error or negligence.
- 12.7. In addition, SFIC may not be held liable for damage caused due to the fault or intervention of the customer or a third party.
- 12.8. Without prejudice to article 12.3, in any event SFIC may be bound to do the following (a) either to redeliver the products concerned, (b) or to arrange a return of the products concerned with the price to be credited to the customer, or (c) crediting of the price to the customer. In such cases, SFIC reserves the right to freely make its own choice between the stated options (a), (b) and (c).
- 13.1. Any complaints may be sent via email to the SFIC customer service department (firstname.lastname@example.org) or by post to the address of the registered office, as specified under article 2.1 of these General Terms and Conditions of Sale.
- 13.2. All complaints must include the necessary identification details (name and address of customer, delivered products, date of the order, order or invoice number etc.) and a detailed justification for the specific complaint.
- 13.3. The customer must be able to prove that he has properly stored (and maintained) the delivered products both before and after discovery of the defect, otherwise the complaint shall be deemed inadmissible. After discovering any defects, the customer shall no longer use the product and do everything possible to prevent further damage.
- 13.4. Under no circumstances shall complaints be considered well-founded if the customer has failed to handle the products delivered by SFIC with due care, as may be expected of a prudent and forward-looking customer.
- 13.5. Complaints and/or comments concerning invoicing must be justified and sent within ten (10) calendar days of receipt of the invoice, via email to the SFIC customer service department (email@example.com) or by post to the address of the registered office, as specified in Article 2.1 of these General Terms and Conditions of Sale. Except in cases where the date of receipt of the invoice seems clear or cases where the invoice is sent to the customer via email, the invoice shall be deemed to have been received no later than three days following the invoice date.
- 13.6. Any complaints shall however not suspend the claimability of SFIC invoices.
14. Force Majeure
- 14.1. A party who invokes force majeure shall notify the other party of the circumstances in writing by registered letter, by standard post and/or by email or any other means of communication, without any unjustified delay, as soon as it becomes aware of the event and its consequences for the fulfilment of its obligations. The parties hereby expressly exclude financial force majeure.
- 14.2. SFIC cannot be held liable in case of postponement or non-performance of its obligations due to force majeure. For SFIC, force majeure includes, but is not limited to, the following: acts of war, epidemics/pandemics, government decisions, fire, flooding, weather and climatic conditions, strikes, seizures, staff shortages, organisational circumstances, circumstances in the working relationship with subcontractors, (threats of) acts of terrorism, product shortages, price fluctuations, theft of ordered/sold products or other acts by third parties or events that are not attributable to SFIC and could not reasonably have been foreseen or prevented at the time of entry into force of the agreement, and which render the performance of the agreement temporarily or definitively impossible, or harder or more difficult (financially or otherwise) than was reasonably foreseeable.
- 14.3. In case of force majeure, SFIC may, at its discretion, choose one the following options, without notice of default or legal intervention being required, and without generating any right of recourse or entitlement to compensation from SFIC: (i) replacement of the missing products with a functional equivalent; (ii) temporary suspension of the fulfilment of its obligations; (iii) termination of the agreement with the customer (if the performance of the agreement becomes definitively impossible as a result of the force majeure event or if the changed circumstances disrupt the economic balance between the parties to such an extent that makes it unreasonably difficult for SFIC to fulfil its obligations); and/or (iv) invite the customer to renegotiate the agreement between the customer and SFIC with a view to concluding a new agreement with similar economic interests and balances.
- 14.4. If the situation of force majeure lasts longer than 3 months, the parties shall have the right to terminate the agreement.
15. Forfeiture of Rights
- 15.1. Any (even repeated) failure by SFIC to exercise any of its rights or any of the provisions of its General Terms and Conditions of Sale shall in no way imply a forfeiture of rights.
16. Intellectual Property Rights
- 16.1. All and any intellectual and/or industrial property rights in all products, reports, quotations, brochures, photos, logos, texts, names, communication and other documents developed, provided, depicted and/or sold by SFIC shall, where appropriate, remain the property of SFIC or its suppliers/subcontractors. They shall not be copied, published or provided to a third party by the customer without SFIC’s prior written consent.
- 16.2. The customer undertakes to uphold all intellectual and/or industrial property rights held by SFIC and its suppliers or subcontractors.
17. Data Protection
- 17.1. The customer authorises SFIC to store the personal data provided by the customer in an automated data file. The data will be used to optimise SFIC’s service provision, maintain contracts, arrange the agreed services and carry out information or promotional campaigns in connection with services and/or products provided by SFIC.
- 17.2. The customer may request to view/update/rectify its personal data at any time. If the customer does not wish to receive any commercial information from SFIC, he must notify SFIC thereof.
- 17.3. Within the context of personal data protection, SFIC shall do its very best to apply the appropriate technical and organisational measures required for the protection of any personal data it may process.
- 17.4. By accepting an SFIC quotation or paying an SFIC invoice, the customer acknowledges to have read and accepted this privacy statement.
- 18.1. The titles of the clauses in these General Terms and Conditions of Sale are only included to make it easier to refer to them and do not form part of the agreement with SFIC as regards their interpretation and reading.
- 18.2. If any clause of these general sales conditions can be interpreted in several different ways and certain interpretations result in the invalidity or unenforceability of the clause in question, a legally valid interpretation of the clause in question should of course be given.
- 19.1. Any partial or total invalidity, inapplicability or unenforceability of one or more clauses of these General Terms and Conditions of Sale shall under no circumstances affect the validity or application of the agreement with SFIC or any of the other clauses of these General Terms and Conditions of Sale.
- 19.2. In such cases, the customer and SFIC shall replace the invalid, inapplicable or unenforceable clause in whole or in part with a valid clause that has the same economic effects and matches the initial purpose of the clause as closely as possible.
20. Applicable law and competent courts
- 20.1. The contractual relationship between the customer and SFIC is governed by Belgian law, to the express exclusion of the Vienna Sales Convention of 11 April 1980.
- 20.2. Any disputes in connection with the interpretation, execution or termination of the agreements between the customer and SFIC shall fall under the exclusive jurisdiction of the courts of the legal district where SFIC NV has its registered office.
21. Exceptions and alternative provisions in case of B2C sale
21.1. If the customer is a consumer in the meaning of article 3.2 of these general sales conditions, the provisions of these general sales conditions shall also apply in full, except for the following deviations/additional provisions in the articles: 4.8, 7.1, 7.3, 8.1, 9.2, 9.4, 11.1, 11.2, 20.1 and 20.2.
In that case:
– article 4.8 is replaced with the following clause:
“During the period stated in the quotation, the prices of the products offered shall not change, except in case of price changes resulting purely from changes in VAT rates and/or rates of other taxes, charges and/or duties imposed by the government.”
– article 7.1 is replaced with the following clause:
“Unless expressly agreed otherwise in writing, the ordered products shall be available from the specified collection point concerned or be delivered within thirty (30) days following the conclusion of the Agreement.”
– article 7.3 is replaced with the following clause:
“If SFIC is unable to deliver the products within the period agreed with the customer, the customer shall request SFIC to make delivery within an additional period, which shall be appropriate in view of the circumstances. If SFIC is still unable to deliver the products within this additional period, the customer shall be entitled to terminate the agreement at SFIC’s expense and to claim compensation equal to 15% of the price of the ordered but undelivered products.”
– all prices are in EURO and include VAT (article 8.1);
– article 9.2 is replaced with the following clause:
“Notwithstanding the fact that title to the ordered products shall not pass to the customer until they have been paid in full, the customer himself shall be liable for loss, theft or damage to the ordered products, even in the case of unforeseeable circumstances or force majeure, if the customer fails to take timely delivery of the ordered products. Any potential repeat delivery of the ordered products to the customer’s delivery address shall always take place at the customer’s risk and expense.”
– the following sentence is added to article 9.4:
“Without prejudice to Article 9.1. of these General Terms and Conditions of Sale, the customer shall, from the time of delivery, be liable for loss of and/or damage to unpaid products, even in the case of unforeseeable circumstances or force majeure.”
– article 11.1 is replaced with the following clause:
“In accordance with Articles 1649bis to 1649octies of the Civil Code, SFIC is liable to the customer for any non-conformity existing at the time of delivery of the ordered/sold products and that becomes apparent within a period of two years, to be calculated from the time of delivery.
After the warranty as specified in the previous paragraph has expired, the customer shall also enjoy a legal warranty for hidden defects in the ordered/sold products, as set out in Articles 1641 to 1649 of the Civil Code, if the hidden defect existed at the time of delivery and provided said hidden defect renders the purchased good unsuitable for its intended use.
The customer shall inspect all deliveries carefully and completely upon receipt (at the time of collection or delivery). Any visible defects must be communicated to SFIC by registered letter within eight (8) calendar days, otherwise the complaint shall be inadmissible.
Any non-conformity or hidden defect, as referred to in the first and second paragraphs of this article, must be reported to SFIC by registered letter within a period of two months starting from the time the customer discovered or might normally have been expected to discover the defect, failing this the customer’s claim shall be inadmissible in application of article 1649bis et seq. and/or article 1641 et seq. of the Civil Code.”
– article 11.2 is replaced with the following clause:
“The warranty period for second-hand products is limited to one (1) year. Any visibly aged or damaged goods are sold in their current condition, meaning there is no possible warranty to cover the defects communicated by SFIC and consequently also known to the customer.”
– article 20.1 is replaced with the following clause:
“The contractual relationship between the customer and SFIC is governed by Belgian law.”
– article 20.2 is replaced by the following clause:
“Any disputes concerning the interpretation, implementation or termination of the agreements between the customer and SFIC may be brought before the following parties, at the free choice of the plaintiff: (i) the judge of the district of the defendant(s) or (ii) the judge of the district in which the obligations forming the subject of the dispute or arising from one of them will be, are or should be fulfilled.”
– The customer has a right of withdrawal if the purchase is made via email. Where appropriate, the following clauses shall apply:
In accordance with Book VI, Title 3, Chapter 2 of the Economic Law Code, the consumer/buyer has the right to withdraw from the agreement without being obliged to state a reason, within a period of 14 days as of the date of physical taking of delivery of the ordered products by the consumer/buyer (or a third party appointed by the consumer/buyer, who is not the transporter) (this should be read as “time of delivery”), or:
- – if the consumer has ordered several products in the same order that are to be delivered separately, the day on which the consumer or a third party appointed by the consumer (not the transporter) takes physical delivery of the last product;
- – if the delivery of a product includes several shipments or parts, the day on which the consumer or third party appointed by the consumer (not the carrier) takes physical delivery of the final shipment or final part;
- – for agreements regarding the regular delivery of products over a certain period, the day on which the consumer or third party appointed by the consumer (not the carrier) takes physical delivery of the first product.
In the latter case, the consumer/buyer shall notify SFIC of his intention to withdraw from the agreement before the expiry of the above-mentioned withdrawal period.
To this end, the consumer/buyer has the following options:
- – use the withdrawal form template, which is attached as an appendix to these General Terms and Conditions of Sale;
- – draft another unambiguous statement in which the consumer/buyer states his intention to withdraw from the agreement. In such a case, the consumer/buyer shall furnish all useful information to SFIC so as to allow them to confirm the identity of the consumer/buyer (among others name, address, item number for the ordered products etc.).
The consumer/buyer may not exercise this right of withdrawal in the following cases:
- – if the products were configured in accordance with consumer/buyer specifications and/or these are clearly personalised (read “customised”);
- – if the products can no longer be sold by SFIC because they have already been installed/used;
- – if this involves a delivery of sealed goods that are not suitable to be returned on health protection and hygiene grounds and if the seal has been broken after delivery;
- – if this involves the delivery of products that have been irrevocably mixed with other products after delivery due to their nature.
Exercising of the right of withdrawal:
If the consumer/buyer wishes to exercise his right of withdrawal, he must confirm this intention within the period specified for this purpose of 14 days in writing, accompanied by either a completed copy of the withdrawal form template or a similar unambiguous statement, to be sent to SFIC at the address of the registered office, as specified in article 2.1. As the burden of proof of withdrawal is incumbent on the consumer/buyer, SFIC advises the consumer/buyer to send this communication via registered post.
Before returning the products for return, SFIC also advises the consumer/buyer to contact the SFIC customer service helpdesk (firstname.lastname@example.org). This will allow us to check with the consumer/buyer whether the products for return are indeed eligible. Should this not be the case, the consumer/buyer will be able to avoid any unnecessarily incurred expenditure.
The consumer/buyer shall bring/send the products in their original condition and original packaging, along with any possible accessories, certificates of compliance and/or instruction booklets to the address of SFIC’s registered office, and in all cases shall do so no later than 14 days following notification of his intention to withdraw. The invoice (or a copy thereof) must also be attached.
The consumer/buyer has two options for return. For large and/or heavy products, the consumer/buyer may arrange an appointment through the SFIC helpdesk for a collection appointment so that the product can be collected and returned. In such cases, the costs shall always be covered by the consumer/buyer and shall vary depending on the mode of transport used. For other small/light products, an approved parcel service may be employed to make the return at the consumer/buyer’s expense.
In all cases, return shipments shall take place at the buyer’s own risk. SFIC shall not be held liable for any damage to or loss of return items.
After their return, all goods shall be inspected by SFIC and shall be accepted subject to compliance with the above-mentioned withdrawal conditions. The consumer/buyer shall be liable for any depreciation of the products resulting from any handling that exceeds what can be considered necessary in order to establish the nature, characteristics and working order of said products. Any additional costs and/or repair costs shall be charged to the consumer/buyer where necessary.
If the return is made correctly, SFIC shall refund to the consumer/buyer all payments received, including where applicable the initial delivery costs. However, SFIC shall not reimburse the additional costs if the consumer/buyer expressly chose a delivery method other than the cheapest standard delivery offered by SFIC.
Reimbursement shall be made without any unreasonable delay and in any event within 14 days of the date on which SFIC was notified of the consumer/buyer’s decision to withdraw from the sales agreement. SFIC does, however, reserve the right to wait until all products have been returned by the consumer/buyer before proceeding with the reimbursement.
Where appropriate, SFIC may deduct from the amounts owed to the consumer/buyer any amounts owed by the consumer/buyer to SFIC, especially as regards the costs and compensation referred to above. Where appropriate, the total sale price amount may be assigned by SFIC as compensation.
Unless agreed otherwise, the refund shall take place using the same payment method as that initially used by the consumer/buyer and/or using the consumer/buyer’s bank account by which the order payment was made. To this end, the consumer/buyer shall provide SFIC with the correct information as required.”