GENERAL TERMS AND CONDITIONS
1. Applicability - The following terms and conditions apply to all offers, orders, deliveries, agreements and other documents that may give rise to obligations for KRC Genk Horeca & Events NV. All other terms and conditions (e.g. those included on the customer's order form) are excluded. Price quotations, offers and orders placed by the customer are not binding on KRC Genk Horeca & Events NV and must always be confirmed in writing by a person authorised to bind KRC Genk Horeca & Events NV. Where stated, the provisions shall only apply to purchases by a ‘consumer’; this is any natural person who acts for purposes that fall outside his trade, business, craft or professional activity.
2. Delivery – The goods will be delivered either to the address stated on the front of the invoice or order form or to the shop of KRC Genk Horeca & Events NV. The delivery period is no later than 30 days after confirmation of the order. Photos on the webshop are illustrative and not binding.
3. Force majeure – KRC Genk Horeca & Events NV reserves the right to suspend or cancel orders, without compensation, if force majeure compromises their normal execution. The following are expressly considered cases of force majeure: strikes, transport shortages, fire, flooding, damage to equipment, riots, terrorism, war, epidemics, accidents, either at KRC Genk Horeca & Events NV or at one of its suppliers and/or transporters, regardless of the cause.
4. Price – The price includes VAT, taxes, duties and costs, as stated in the webshop.
5. Complaints – The customer must immediately take delivery of and inspect the goods delivered. The right of withdrawal may be exercised during the statutory period of 14 days. Any hidden defects must be reported in writing by the customer to KRC Genk Horeca & Events NV within 8 days of delivery at the latest. Failure to do so will result in the customer no longer being able to invoke this defect. In any case, the obligations of KRC Genk Horeca & Events NV will be limited to the replacement of the defective goods or, at the discretion of KRC Genk Horeca & Events NV, the delivery of a voucher. The buyer will not be entitled to any other compensation.
Dissatisfied despite our efforts? Contact the independent service of the Ombudsman for Trade: www.ombudsmanvoordehandel.be
6. Legal warranty and specific provisions for consumers – Consumers are covered by a 2-year legal warranty. This warranty only covers a lack of conformity that already exists at the time of delivery of the goods. The following are therefore excluded: defects caused by improper use, poor maintenance, incidents after delivery such as water damage, transport damage or fire, or the replacement of accessories that need to be replaced regularly. The lack of conformity must be reported within two months of discovery. In addition, the consumer may exchange the purchased goods within 30 days of purchase upon presentation of their receipt or invoice. In that case, the consumer will be entitled to a replacement of the goods or a voucher, but not a refund.
7. Retention of title – The delivered goods remain the property of KRC Genk Horeca & Events NV until full payment of the invoice, costs, interest and damages. In the event of non-payment on the due date of the invoice, the goods already delivered may be taken back by KRC Genk Horeca & Events NV, without this taking back affecting any right to collect the invoice, costs, interest and damages.
8. Payment terms – The price stated on the invoice is payable in cash on the date stated on the invoice. In the event of a dispute, the invoice must be protested within eight days of receipt. In the event of non-payment of the invoice on the due date, the price of the invoice shall be increased by operation of law and without prior notice of default by interest equal to 1% per month from the due date until full payment. In addition, any invoice that has not been paid by a customer other than a consumer on the due date shall be subject to a fixed compensation of 15%, with a minimum of €75, by operation of law and without notice. Failure to pay a single invoice on the due date shall render the balance due on all other invoices, even those not yet due, interest and/or damages immediately payable by operation of law.
9. Applicable law and competent court – All legal relationships between the parties are governed by Belgian law. In the event of a dispute, the courts of Tongeren shall have exclusive jurisdiction, without prejudice to the provisions of the Judicial Code that apply in the event of a dispute between KRC Genk Horeca & Events NV and a consumer.