The placing of an order by the purchaser implies full and unreserved acceptance of these general terms and conditions of sale and delivery. General terms and conditions of sale appearing on its commercial forms will not be taken into consideration.
- Offers: All our offers are without obligation.
- Orders: An order received by us, even through a representative, is always without obligation for the seller and only written order confirmations are binding on us. The submission of a pro forma invoice does not constitute written acceptance.
- Cancellation: The seller has the right to cancel an order without compensation, even in the event of written confirmation:
if the buyer has failed to honour a previous commitment;
if the information obtained by the seller is not deemed to be satisfactory;
in the event of force majeure or crop failure. - Prices: Unless expressly agreed otherwise, prices are quoted in euros. Prices are net ex-works, i.e. without discount, freight or packaging.
- Guarantees: Subsequent flowering and growth are not guaranteed. The phytosanitary certificate issued by the Belgian Plant Protection Service is valid between the parties even if the goods are refused by the authorities in the country of destination.
- Species and dimensions: If delivery of the species and dimensions ordered proves impossible, the seller is entitled to replace them with species and dimensions as close as possible to those ordered, unless otherwise agreed.
- Delivery: Goods are accepted or deemed to be accepted at the seller’s premises. It is imperative that the placing of the order by the buyer is accompanied by the communication of all instructions relating to shipment. If the buyer fails to provide these instructions or if they are incomplete, the goods will be dispatched to the best of the buyer’s ability. Packing and other advanced charges will be invoiced at cost and cash on delivery.
- Shipment: Goods travel at the buyer’s risk. They are insured, either against simple transport risks or “all-risk” (as stipulated in the insurance policy) only if the buyer has made an express written request to this effect and at his own expense, and provided that a local insurance company agrees to this request.
- Complaints: Upon receipt of the goods, it is the responsibility of the buyer, in the event of damage or loss caused to the goods as a result of transport, to take recourse against the carrier and the insurance company by having a report drawn up by a competent damage commissioner. Other complaints can only be taken into consideration if they reach us within a week of receipt of the goods by registered post.
- Payment: Goods are payable in cash, net, without discount, either against cash on delivery or against irrevocable and confirmed documentary credit, or as otherwise agreed. In the event of late payment, interest of 10% per annum shall be payable automatically and without notice of default. In addition, the purchaser remains liable for any exchange losses resulting from late payment. In the event of unjustified non-payment of the invoice on the due date by the buyer, and following a formal notice sent in vain, the amount due will be increased by 10%, by way of compensation, with a minimum of €75.00 and a maximum of €1750.00.
- Retention of title: The seller retains title to the goods sold until full payment of the principal and accessories has been received.
In the event of resale, the seller also retains the right to claim the price of the goods held by the sub-purchaser. The retention of title is transferred to the resale price. As soon as the goods are delivered, the risks of all kinds, including acts of God and force majeure, and custody, are transferred to the buyer. Failure to pay any of the instalments may result in the goods being reclaimed. - Jurisdiction: Only the courts of Ghent are competent to settle disputes. However, the seller reserves the right to bring the dispute before the court of the purchaser’s domicile or another place authorised by law. Belgian law and its interpretation shall prevail.
- Bills of exchange: The seller has the right to draw a bill of exchange on the buyer. Drawing a bill of exchange does not constitute a novation and is without prejudice to these terms and conditions of sale.