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GENERAL TERMS OF SALE

Article 1. Scope of application and acceptance

These General Terms of Sale Version 2027.1 (hereinafter referred to as the "GTS") apply to all offers, orders, sales, and deliveries made by CROIX CHATELAIN.

Any order implies the full and unconditional acceptance of these GTS by the buyer.

Any derogation from these GTS must be subject to a prior written agreement from the seller.

The buyer's general purchasing conditions are only enforceable against the seller if they have been expressly accepted in writing.

Article 2. Formation of the contract

The contract is deemed concluded upon the seller's written acceptance of the order or upon the commencement of its execution.

The catalogs, technical sheets, prices, photos, and commercial information are provided for informational purposes and do not bind the seller.

Representatives, agents, or commercial delegates can only bind the seller by virtue of a specific written mandate.

Article 3. Price

All prices are expressed in euros excluding VAT.

Unless stated otherwise, prices are understood to be ex warehouse or store of the seller.

The applicable prices are those in effect on the date of delivery or availability of the goods.

Eco-contributions, environmental taxes, recycling contributions, transport fees, and administrative fees are not included in the prices and will be billed separately when legally or contractually applicable.

The seller reserves the right to adjust its prices in case of :

  • increase in raw materials ;
  • increase in energy costs ;
  • variation in exchange rates ;
  • increase in taxes or legal contributions ;
  • increase in transportation costs.

When the products are imported, the prices are established based on the exchange rate existing on the date of the offer. Any significant variation in the exchange rate may be passed on to the customer.

Article 4. Retention of title

The delivered goods remain the exclusive property of the seller until full payment :

  • of the principal price ;
  • of interest ;
  • of compensation ;
  • of any fees.

The risks are transferred to the buyer as soon as the goods are made available or delivered.

Until full payment, the buyer is prohibited from selling, pledging, or encumbering the goods with any rights without prior written consent from the seller.

In the event of non-payment, the seller may reclaim the goods at the buyer's expense.

This reclamation does not preclude the seller's right to claim the full extent of its damages.

Article 5. Payment terms

Unless otherwise agreed in writing, invoices are payable in cash.

Payment must be made without offset or withholding.

Any invoice not contested in writing within eight days of its issuance is deemed accepted.

In the event of late payment :

  • Late interest will be due as a matter of right at the rate provided by the Belgian legislation applicable to commercial transactions, increased by 2 % ;
  • a fixed compensation of 15 % of the remaining amount due will be payable with a minimum of 125 € ;
  • all amounts remaining due will become immediately payable.

The seller may suspend any ongoing delivery until full payment of the amounts due.

For any invoice amounting to less than 100 € excluding VAT, a flat administrative fee of 10 € may be charged.

Article 6. Deliveries

Delivery times are communicated for informational purposes.

A reasonable delay in delivery cannot give rise to any automatic compensation or order cancellation.

Partial deliveries are allowed.

Unless otherwise agreed in writing, the goods travel at the buyer's risk from the time they are handed over to the carrier.

The buyer is required to immediately check the goods upon receipt.

Any visible anomaly must be reported in writing within 48 hours of receipt.

Article 7. Control, compliance and claims

Any claim regarding the quantity, quality, or compliance of the goods must be made in writing within seven calendar days following receipt.

After this period, the goods are deemed accepted.

The use, transformation, or resale of the goods constitutes definitive acceptance.

The introduction of a claim does not suspend the obligation to pay in any case.

The goods recognized as defective may be :

  • replaced ;
  • repaired ;
  • refunded up to their invoiced value.

This choice belongs exclusively to the seller.

Article 8. Returns of goods

No returns will be accepted without prior written authorization from the seller.

The returned goods must be :

  • complete ;
  • in their original packaging ;
  • in perfect resale condition.

The seller may apply a discount or restocking fees of up to 20% of the net value of the returned goods.

The transportation costs related to the return are the responsibility of the buyer unless otherwise agreed.

Article 9. Warranties

The seller guarantees that the goods comply with their usual technical specifications.

The warranty exclusively covers manufacturing defects recognized by the seller or the manufacturer.

Excluded are :

  • normal wear ;
  • damage due to improper use ;
  • defects resulting from inadequate storage ;
  • modifications made by the customer or a third party.

The seller's liability is limited to the repair, replacement, or refund of the affected product.

Article 10. Limitation of liability

The total liability of the seller is limited to the amount charged for the concerned goods.

The seller cannot be held liable :

  • losses of profits ;
  • losses of operations ;
  • losses of clientele ;
  • indirect or consequential damages.

This limitation does not apply in cases of gross negligence or intentional fault.

Article 11. Force majeure

The seller is not responsible for any delay or non-performance resulting from an event beyond its control, including :

  • natural disaster ;
  • fire ;
  • strike ;
  • war ;
  • epidemic ;
  • cyberattack ;
  • supply chain disruption ;
  • power outage ;
  • decision of a public authority.

The performance of obligations is suspended for the duration of the force majeure event.

Article 12. Personal data

The personal data exchanged in the context of business relations are processed in accordance with the applicable data protection regulations.

Each party acts as the data controller for the data it collects.

Article 13. Intellectual property

All catalogs, photographs, drawings, technical sheets, trademarks, and commercial documents remain the exclusive property of the seller.

No right of reproduction or use is granted without written permission.

Article 14. Partial nullity

If any provision of these GTC is declared null or unenforceable, the other provisions shall remain fully applicable.

The parties agree to replace the affected provision with an economically equivalent clause.

Article 15. Applicable law and competent jurisdiction

The present GTC are governed exclusively by Belgian law.

The application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) is expressly excluded.

Any dispute relating to the validity, interpretation or execution of these GTC falls under the exclusive jurisdiction of:

  • the courts of Brussels;
  • or the Justice of the Peace territorially competent in Brussels.