GENERAL TERMS AND CONDITIONS
1. Application AND interpretation
These general terms and conditions alone govern all contractual relations between Jacques Blockx SA (hereafter referred to as “Bockx SA”) and the purchaser. The general and special conditions of the purchaser are not enforceable with respect to Blockx SA. Acceptance of the order form shall automatically mean acceptance of these general terms and conditions. Only the special conditions specified in the contract or agreed in writing between the parties may depart from them.
Depending on the context and except in the event of a stipulation to the contrary, (i) the term “purchaser” in these general conditions shall be interpreted as also meaning any prospect, buyer, customer, consumer or any party entering into an agreement with Blockx SA; (ii) the term “contract” as also any offer, proposal, order form, purchase, purchase through Internet, sales, delivery or any agreement between the parties; (iii) the term “product(s)” also as any color, art and painting products, items, packaging, boxes and other accessories or products manufactured, offered and/or supplied by Blockx SA.
2. ORDERS AND CONFIRMATIONS
Any specification and data contained in Blockx SA's product information, brochure, price lists or any document or a web site are given for information only. Product specification and prices can be modified at any time without prior notice.
Offers are valid within the limits of the available stock. Blockx SA has the right to cancel or terminate any order in case that Blockx SA is not able anymore to perform the order upon the agreed terms and conditions. In case an order cancelled or terminated was already paid by the purchaser, the non delivered products (partially or entirely) will be reimbursed.
The purchaser – solely if he is a non professional consumer – has the right to notify to Blockx SA that he renounces to his order, without any penalty and without any motive, within 7 working days following the delivery date of the ordered product(s). The purchaser shall return the products intact with its original intact packaging. The costs to return the products shall be borne by the purchaser. Blockx SA has the right to refuse the returned products and to refund them only partially if the packaging has been opened or modified or if the products has been damaged due to mishandling or to negligence of the purchaser.
Any specific order requiring customized products shall be firm and definite from the acceptance of the quotation. This type of product(s) may not be returned for reimbursement.
3. Price, payment and billing
Prices shall be paid in Euro and include the Belgian VAT. This VAT represents 21%, except for some liquids which for the VAT is only 6%.
In case of order through Internet, delivery and transport costs are mentioned in the shopping cart and on the summary page of each order. Delivery of the products will be performed by either a carrier or by the Belgian post, in followed up package or through registered mail up to 5 kg for the Benelux , of Germany and France , but up to 2 kg for the other countries in the European Union. In case the weight of the ordered products is higher, delivery will be performed only by a carrier.
Within the European Union, in case that the total price of the order is equal or higher than 200 EUR VAT included, the packaging and delivery costs will be free for the purchaser. In case the total price is under 200 EUR VAT included but equal or higher than 50 EUR VAT included, the set costs for packaging and transport will be invoiced at a rate of 12,50 EUR for deliveries to the Benelux, to Germany and to France; and at a rate of 19,50 EUR for the other countries of the European Union. For any order under 50 EUR VAT included, an additional amount of 5 EUR will be added to the invoiced costs mentioned here above.
In case of delivery out of the European Union, actual delivery costs depending of the destination and the transport means (such as transport costs, insurance, taxes, fines, custom duties, fees and any other cost required by the rules and regulations of the import country or of the transit country, applicable at the time of delivery. Orders shall be considered as effective only after acceptation by the purchaser of these delivery costs.
Blockx SA reserves the right to modify the prices in case of change of the VAT percentage, of typing errors, of increase of production costs or raw material prices, or of change of any legal or administrative constraints whatsoever.
Payments will be directly performed online at the time of each order through the secured system Ogone via bank card such as VISA / MasterCard or through bank wire transfer IBAN BE06 3400 1428 6522 et BIC BBRUBEBB. Checks are not accepted as mean of payment. Cash with order is neither accepted.
Any payment which is not paid on the due date shall automatically accrue interest at a rate of 1 % per month, with a minimum of 250 EUR per breach, without prior warning and without prejudice to the right to reimbursement of the costs or compensation for any actual damage.
In case of no payment on the due dates, Blockx SA reserves the right to suspend any of its own obligation until all payments due are credited on Blockx SA’s account; or to terminate the contract, and keep all installments or payments already made by the purchaser to Blockx SA, without prejudice to the right to reimbursement of the costs or compensation for any actual direct or indirect damage resulting from a delay of payment suffered by Blockx SA, its customer, or by a third party.
Title of the products shall pass from Blockx SA to the purchaser once the purchaser has paid the price in full, although the products may have been already delivered to the purchaser. The purchaser shall not dispose of, nor transform, nor sell, nor use, nor leave it as security, nor transfer the products to a third party anyhow as long as all sums due have not been paid in full to Blockx SA.
Blockx SA shall deliver the products at the latest within 30 days from the receipt of the order, except in case of force majeure or in case that Blockx SA is out of stock.
The purchaser commits to be present at the place and at the time agreed for delivery of the products. He shall remain reachable on his phone or mobile in order to be contacted by the carrier if needed. In case the purchaser would be absent, would refuse or would delay reception of the products, the purchaser shall pay the price due in accordance with the terms and conditions initially agreed in the contract, and shall bear all costs caused by his refusal or delay, such as storage or transport costs
Blockx SA has the right to suspend its own obligations and duties to delivery the products in case that it has any suspicion or evidence that the purchaser may be insolvent or may not perform its own obligations for whatever reason.
6. Conformity and warranty
Except otherwise agreed by the parties, the products are manufactured according to the Belgian and European regulations and standards and to the specifications agreed in the contract or in any further written agreement made by the parties. Any additional costs related to changes required by the purchaser, including compliance to local rules and regulations of the purchaser’s country, shall be borne by the purchaser and may extend the delivery terms.
Blockx SA reserves the right to make changes in specifications of the products without prior notice or agreement as long as such changes do not affect the quality or performance of the products.
Except in case any imperative law concerning consumers’ rights imposes a longer warranty period for consumers, Blockx SA warrants, for a period of 12 months from the date the products are at the purchaser’s disposal, that the products will be free from hidden defects due entirely and exclusively to a fault of Blockx SA provided, however, that such defects are not due to an external cause, use, wear, tear, alteration, abuse, negligence, misuse, abnormal or non reasonable use, conditions of temperature or humidity, dirt, or in an otherwise improper manner, either intentional or otherwise, caused by the purchaser or by a third party.
As soon as the products at the purchaser’s disposal, the purchaser shall inspect carefully the products and shall immediately raise, in writing and within eight (8) calendar days following the availability of the products, any relevant and precise complaint on any apparent defect or problem of conformity (notifying the number and date of the invoice). After such period of eight (8) days, any apparent defect will be considered to be definitively accepted by the purchaser. In any case, the purchaser may not refuse the products for minor or futile reasons.
In case of non conformity, any complaint shall be sent to Blockx SA in writing to the following address: Le Tombeu, 1 b, B-4550 Nandrin, Belgium . The fulfillment of Blockx SA’s obligation of warranty shall be limited, at Blockx SA’s option, to replacing the defective products or to crediting the purchaser for these defective products within a reasonable delay.
This obligation of warranty is suspended as long as the purchaser has not completely perform his own obligations. Such suspension does not lengthen the initial warranty duration.
7. USE and Handling of the products
T he purchaser acknowledges that the products :
- are meant for art and painting only. They shall not be ingested or used for any other purposes.
- are fragile items that must be handled delicately and must stored in a dry and clean area and in temperature between 5° Celsius (40° Fahrenheit) and 35° Celsius (95° Fahrenheit).
8. DISCLAIMER of Liability
If any liability is implied for whatever reason, Blockx SA’s liability shall be strictly limited to damages or losses suffered by the purchaser that were foreseeable and are the exclusive and direct consequences of a gross and wilful misconduct of Blockx SA, excluding other damages such as loss of earning, loss of clientele, loss of expected savings, increase of costs and general expenses, or any other, consequential or indirect damages. Any compensation due by Blockx SA shall ever exceed 30% of the value of the contract.
However, this provision does not limit the product liability imposed by the applicable law to any manufacturer.
9. force majeure
The Parties are not liable for the non-performance of any one of their contractual obligations when this non-performance is due to a force majeure event, beyond their control and when it cannot reasonably be expected of them to take it into consideration at the time of making this Agreement or to prevent or overcome it, even when this event does not make the performance of this Agreement totally impossible but only substantially more difficult or more onerous, among others in the event of fire, strike, accident, illness of a member of Blockx SA’s personnel, natural disaster, political problem; destruction of installations or equipment, computer bugs, general lack of supplies or of means of transport, delay with or non-performance of the obligations of Blockx SA’s suppliers or sub-contractors.
The defaulting Party in these circumstances must warn the other Party of this as soon as possible, in writing. The obligations of the Parties whose performance has become impossible due to a case of force majeure can be suspended provisionally or renegotiated. In the event that the force majeure lasts for more than 6 months, this Agreement may be terminated by the Parties, without indemnity, save for agreement to the contrary by the Parties.
10 . TERMINATION
Blockx SA reserves the right to terminate the contract, to suspend its own obligations and/or to recuperate the products, at anytime, without prior notice, nor prior warning nor damages for the purchaser, and without prejudice to the right to reimbursement of the costs or compensation for any actual direct or indirect damage resulting from it, suffered by Blockx SA for the following reasons :
- in the event of late or non performance of the purchaser’s obligations, or if it becomes reasonably certain (even before the expected performance these obligations) that one or more obligations of the purchaser will not be performed on time or according the terms of the contract;
- in the event of the incapacity, bankruptcy, insolvency, protest, seizure, death, cessation of payments, application for a payment moratorium, amicable or compulsory composition, or any other event demonstrating financial difficulties on the part of the purchaser.
- in the event of Blockx SA ceasing or substantial change his professional activities;
- in the event of force majeure lasting more than 6 months.
In case of termination by the purchaser not caused by a gross and willful misconduct of Blockx SA, all installments already paid by the purchaser shall be considered to be definitively acquired by Blockx SA. The remaining installments shall be paid by purchaser, but their amounts shall be reduced by the projected costs and expenses not incurred by Blockx SA and reasonably evaluated by Blockx SA, without prejudice to the right to compensation in the event that actual damage is more important for Blockx SA.
11 . ValiditY
If a provision of the contract or these general terms and conditions is to be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, enforceable and economically equivalent to the said provision for both parties. The legality, validity and enforceability of the remaining provisions shall not be affected thereby.
12. applicable LAW AND COMPETENT jurisdiction
This contract shall be governed by and constructed in accordance with the laws of Belgium .
Any disputes relating to the contract and these general terms and conditions shall be settled by the courts of Liège. Nevertheless, in case the purchaser is a non-professional consumer and if the law imposes another jurisdiction in such case, this imposed jurisdiction shall be competent.