1. PURPOSE AND APPLICATION.
All sales, deliveries and services of FINRES GROUP NV are governed by these general terms and conditions, which the customer expressly declares to know and accept. They form an integral part of the offer of FINRES GROUP NV and the contract with the customer. The general terms and conditions of the customer are only binding on FINRES GROUP AG if it has previously accepted them in writing. Any deviation from these general terms and conditions must be made in writing and signed by FINRES GROUP NV. Otherwise, these deviations cannot be enforced against FINRES GROUP NV.
The prices of the goods and services sold by FINRES GROUP SA are indicated in Euros, including VAT (for consumers) and excluding VAT (for professional customers). Where applicable, delivery costs are mentioned separately, depending on the choice made.
(for business customers). The offers of FINRES GROUP NV are made without obligation. FINRES GROUP NV can only be considered as committed if it has accepted the order in writing and the requested deposit (if applicable) has been paid. In any case, the prices contained in the offer shall no longer be valid if the offer has not been accepted by the client within seven days from the date mentioned on the offer.
The product offers of FINRES GROUP AG are valid within the limits of available stocks or subject to availability from the supplier or manufacturer. In the event of unavailability of products after the order has been placed by the client, FINRES GROUP NV shall inform the client as soon as possible, without being held liable in this respect or being required to pay any compensation.
An increase in the price of raw materials or wages, if any, that occurs between the order and its execution may result in a readjustment of the prices stated in the offer. In this case, the prices will be revised according to the following price revision formula.
P = PO (0.2 + 0.4 s/S + 0.4 i/I)
P = basic invoice price
PO = revised price
s = wage of the skilled worker based on the Agoria index at the time of invoicing
S = skilled worker’s wage based on Agoria index at time of execution
i = reference price of materials at time of delivery
I = material price at the time of the offer
Negative revisions cannot be taken into account.
Any changes that occur after the acceptance of the order must be communicated to FINRES GROUP NV in writing within seven days of the order at the latest, it being understood that FINRES GROUP NV reserves the right in this case to accept or reject the changes and, if necessary, to modify its offer accordingly on the basis of its usual prices. The customer shall then be obliged to confirm this new offer within the validity period indicated in the offer.
5. CANCELLATION (applicable to business customers).
A cancellation of an order by the customer must be made by e-mail and registered mail. In case of cancellation of the order by the customer less than twenty days before the delivery of the goods and/or services, the customer is obliged to compensate FINRES GROUP NV for a fixed amount of 50% of the contract price, in addition to reimbursing FINRES GROUP NV for all costs incurred up to the day of the cancellation.
6. RIGHT OF WITHDRAWAL (applicable to consumers).
If the customer is a consumer who buys goods or services from FINRES GROUP NV at a distance (by fax, e-mail, post, etc.), he has the right to inform FINRES GROUP NV that he withdraws from the purchase, free of charge and without giving any reason, within a period of 14 calendar days from the day following the delivery of the goods or the conclusion of the service contract.
Refunds will be made within 30 days of receipt of your withdrawal request. The refund will be made by transfer to the customer’s bank account or by crediting the customer’s credit card.
The consumer does not have the right of withdrawal in the cases determined by the law and among others when the goods are manufactured according to the specifications of the consumer or when the execution of the service contract has started before the end of the withdrawal period.
7. DELIVERY TIMES FOR PRODUCTS.
FINRES GROUP SA undertakes to do its utmost to respect the deadlines announced to the client for the delivery of products. However, unless otherwise indicated, the said deadlines are indicative and therefore do not constitute a firm commitment on the part of FINRES GROUP SA. Therefore, the client acknowledges that it may not cancel the order or refuse to accept or pay for the products or services, nor claim any compensation in the event of late delivery of the products or services ordered.
The goods of FINRES GROUP NV are delivered EX-WORKS. If they are delivered outside the premises of FINRES GROUP NV, they are considered to be accepted and received there. The goods of FINRES GROUP NV are always transported at the risk of the customer. The transfer of risk with respect to the goods takes place as soon as the goods are made available at the facilities of FINRES GROUP NV. In this respect, the client acknowledges that it is aware of the dangerous nature of some of the goods.
All goods are delivered in accordance with the manufacturing specifications and under manufacturing guarantee according to the dimensions, standards and tolerances valid in general.
In the absence of a contradictory statement within 24 hours of receipt of the goods by the customer, the delivery notes and/or transport documents of FINRES GROUP SA shall be deemed authentic between the parties.
9. RETURN OF GOODS.
Goods shall only be taken back if FINRES GROUP NV has expressly agreed to this in writing in advance. They shall, if applicable, be taken back under the conditions established by FINRES GROUP NV. Only undamaged goods in their original packaging and with a period of use of at least 50% of the stated period shall be considered. Returned goods shall be delivered free of charge to the warehouse of FINRES GROUP AG by the customer. Transport is at the risk of the buyer.
The products of FINRES GROUP NV are guaranteed against material and manufacturing defects for a period of 3 months from the date of delivery. The guarantee shall not extend to defects or damage resulting directly or indirectly from any incorrect use, inadequate storage, accidents occurring during installation, the use of any unusual force, accidents due to negligence, lack of supervision or maintenance or any other behaviour that does not comply with the instructions provided by FINRES GROUP SA. No financial compensation can be claimed as damages for any reason whatsoever. In case of defects in the goods delivered by FINRES GROUP NV, its liability is limited, in any case, to the replacement of the delivered goods.
If FINRES GROUP NV is not the manufacturer of the sold product, the buyer shall also benefit from the guarantee of the manufacturer of the goods, valid from the date of delivery. The conditions governing this guarantee shall be communicated to the buyer at the time of delivery.
The period and conditions of the guarantee for on-site applications are specific to each application and are therefore established in the offer of FINRES GROUP NV.
11. APPLICATION ON SITE.
If the products have been purchased and delivered prior to the execution of the work, the client guarantees that the products have been stored in accordance with the instructions in the product data sheet that was sent to the client with the offer of FINRES GROUP NV.
The client guarantees that the site on which FINRES GROUP NV is to work has been prepared, is normally accessible and practicable and meets all applicable safety standards. The site must be free of buildings and/or obstacles. The client shall also guarantee that the necessary facilities such as electricity, water and compressed air are available at the site of the work at a maximum distance of 20 metres. The costs of these facilities and their use shall be borne by the client. Any delay or damage resulting from this is the sole responsibility of the client.
The client acknowledges that the climatic, atmospheric or weather conditions are essential factors in determining the date of completion of the work. Therefore, FINRES GROUP NV and the customer shall together define the dates on which the work can be carried out, taking into account the products to be applied and the potential influencing factors. The aforementioned conditions may also oblige FINRES GROUP NV to suspend the current work. If this is the case, the parties will determine together the date of resumption of the work, taking into account the aforementioned influencing factors. FINRES GROUP NV cannot be held liable in case of suspension of the construction site due to climatic, atmospheric or weather conditions. FINRES GROUP NV shall under no circumstances be obliged to compensate the client for such a suspension.
Any request for changes by the client during the course of the work must be sent in writing to FINRES GROUP SA, which reserves the right to accept the additional work requested. Where applicable, the price and delivery time of the additional work shall be established by mutual agreement between the parties and shall be set out in writing between the parties.
The co-contractor will take delivery of the work as soon as it is completed, notwithstanding minor imperfections that can be repaired within a reasonable period of time. If the other party does not attend or is not validly represented at this acceptance, the date of which will have been communicated in advance by FINRES GROUP SA, acceptance is deemed to have been obtained.
The acceptance implies the approval of the client of the work delivered to him and excludes any recourse on his part for apparent defects.
The client assumes full responsibility for the choice of products purchased from FINRES GROUP SA. FINRES GROUP NV cannot be held liable for any advice it may have given to the customer regarding the choice of products on the basis of information provided by the customer.
Furthermore, within the limits provided for by law, FINRES GROUP SA shall in no case be liable for any damage, and in particular any direct, indirect, incidental, special or consequential damage caused to the client and which does not result directly and entirely from the non-performance by FINRES GROUP SA of one of its essential contractual obligations.
In any case, except in the case of fraud or any other case excluding a limitation of liability on the part of FINRES GROUP SA, in the event that FINRES GROUP SA is held liable, the amount of damages that may be owed to the client may not exceed the amount of the sums already paid by the client to FINRES GROUP SA in execution of the contract or, if applicable, any sums to be received by FINRES SA from its insurance, with regard to product liability.
FINRES GROUP SA is never liable for the consequences that may result from any use or implementation of the products delivered by it that does not comply with the rules of the trade, technical advice, instructions and/or recommendations of FINRES GROUP SA or the manufacturer.
In order to be valid, any complaint must be sent to FINRES GROUP SA by registered letter within 48 hours of delivery (as evidenced by the postmark), otherwise it will be considered that the buyer has accepted, without reservation, the goods or services delivered.
Any invoice against which no letter of protest has been lodged within 10 days shall be considered accepted. Shipments for which the order form or consignment note has been signed upon receipt of the goods shall be deemed to have been delivered in accordance with the customer’s order.
Invoices of FINRES GROUP NV are payable in Kraainem, in cash, on the due date. This due date is, unless otherwise stated in writing by FINRES GROUP NV, cash. The sending of the invoice serves as a reminder to pay the amount. The agents of FINRES GROUP NV are not authorised to collect the amounts due, unless they are in possession of a receipt duly signed by FINRES GROUP NV. It is expressly agreed that in the event of non-payment in cash or on the due date, any deductions that may have been granted will, at the discretion of FINRES GROUP NV, be cancelled and the buyer will be charged interest on arrears at the rate of 5% per month, starting from the due date of the invoice, in addition to the amount due, without any further notice of default. Each part of a month shall be counted as a whole month. It is also irrevocably agreed that a simple delay in payment obliges the customer, by right, to pay compensation fixed at 10% of the principal sum with a minimum of €125, by way of damages for the losses suffered by FINRES GROUP NV as a result of the non-fulfilment of the principal obligation (art. 1150-1152 and 1129 of the Civil Code).
16. RETENTION OF TITLE.
The transfer of ownership of the goods delivered by FINRES GROUP NV is suspended until full payment of the price. With regard to the payment of the invoices of FINRES GROUP NV, the customer is not entitled to have recourse to set-off or to any other exception for suspension of payment such as the exception for non-performance of an obligation. In order to secure the payment of the invoices of FINRES GROUP AG, the customer assigns to FINRES GROUP AG all present and future claims, in particular the claim of the customer against its own buyer, however, this assignment is not limited to this case. All delivered goods that are the subject of the contract remain the inalienable property of FINRES GROUP AG and may not be encumbered or disposed of in any way, unless otherwise agreed.
17. FORCE MAJEURE.
Force majeure is understood to mean strikes, disturbances in the manufacturing process, non-delivery or delayed delivery of raw materials necessary for the production and transport of the ordered goods, climatic, atmospheric or weather conditions or other circumstances that, as a consequence FINRES GROUP NV is entitled, at its own discretion, either to extend the delivery period by the duration of the force majeure situation or to dissolve the agreement, if it has not yet been executed.
18.PROCESSING OF PERSONAL DATA.
Any personal data provided to FINRES GROUP NV in connection with the order shall be processed in accordance with the applicable law of 8 December 1992 on the protection of privacy with regard to the processing of personal data. FINRES GROUP NV will use the customer’s personal data in the context of the execution of the contract and in order to keep the customer informed about its products and services. The customer has the right to consult his personal data at any time and to delete or modify them if they are incorrect.
19. AUTONOMY OF THE CLAUSES.
The nullity, invalidity or non-binding nature of a provision of these general terms and conditions or of a clause or part of a clause shall not entail the nullity, invalidity or non-binding nature of the other provisions, clauses and parts of clauses, nor shall it affect the validity and binding nature of the general terms and conditions in their entirety.
The fact that FINRES GROUP NV does not avail itself at any time of one of the provisions of these general conditions shall not be interpreted as a waiver by FINRES GROUP NV of its right to do so at a later date.
These general terms and conditions of the contract are subject to Belgian law. In the event of a dispute, only the courts of Brussels shall have jurisdiction, without prejudice to the consumer’s right to bring the matter before the court of his district.