GENERAL TERMS AND CONDITIONS OF SALE
1. Applicability - The following terms and conditions apply to all offers, orders, deliveries, agreements and other documents which may indicate commitments for KRC Genk Horeca & Events NV. All other terms and conditions (e.g. those specified on the customer's order form) are excluded. Quotes, offers, orders by the customer do not bind KRC Genk Horeca & Events NV and must always be confirmed in writing by a person authorised to bind KRC Genk Horeca & Events NV. Where specified, the provisions will only apply to the purchase by a "consumer"; this is any natural person who acts for purposes which are outside his trade, business, craft or profession.
2. Delivery – The goods are delivered either to the address specified on the front of the invoice or order form or in the KRC Genk Horeca & Events NV store. The terms of delivery are given for information purposes only and are therefore not binding. Delays in the delivery can never give rise to any damages, refusal of the goods or dissolution of the agreement.
3. Force majeure – KRC Genk Horeca & Events NV reserves the right to suspend or cancel the orders, without compensation, if force majeure compromises the normal performance thereof. Shall explicitly be considered as force majeure: strikes, transport shortages, fire, flood, damage to materials, riots, terrorism, war, epidemic, accident, 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, unless otherwise specified in the KRC Genk Horeca & Events NV store. The price is the price specified on the order form or agreement, unless KRC Genk Horeca & Events NV is forced to adjust it to the evolution of its fixed and/or variable costs (raw materials, wages, energy, etc.) as a result of a change in its structure. In this case the new price applies, as specified on the front of the invoice.
5. Complaints – The customer must take delivery of the delivered goods immediately and inspect them. Any error made by KRC Genk Horeca & Events NV with regard to the goods it delivered (e.g. an error in terms of quantity) must be reported in writing by the customer within 48 hours of delivery at the latest. The customer must notify any visible defect in the delivered goods to KRC Genk Horeca & Events NV within 48 hours of the delivery of the goods. In the absence thereof, the customer can no longer invoke this defect. Every hidden defect must be reported in writing by the customer to KRC Genk Horeca & Events NV at the latest within 8 days of the discovery of the hidden defect. In the absence thereof, the customer can no longer invoke this defect. Moreover, a claim based on a hidden defect must be instituted at the latest within one year after delivery, under penalty of forfeiture. KRC Genk Horeca & Events NV's obligations shall in any event solely comprise (and nothing else) the replacement of the defective goods or - at KRC Genk Horeca & Events NV's discretion - the provision of a voucher. The buyer will not be entitled to any other damages.
Dissatisfied despite our efforts? Contact the independent Ombudsman for Retail department: https://www.ombudsmanforretail.be/en
6. Legal guarantee and specific provisions for consumers - The 2-year legal guarantee applies for consumers. This guarantee only covers a lack of conformity that already existed at the time of delivery of the goods. Are therefore also 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 needs to be reported within two months following detection. Moreover, the consumer can exchange the purchased goods within 30 days after purchase on presentation of the receipt or invoice. In that case, the consumer will be entitled to a replacement of the goods or a voucher but no refund. However, open and/or damaged packaging, promotional items, personalised and/or printed textiles cannot be exchanged. These conditions and limitations are without prejudice to the legal provisions relating to this.
7. Reservation of title – The delivered goods remain KRC Genk Horeca & Events NV's property until full payment of the invoice, costs, interests and damages. In the absence of payment on the due date of the invoice, KRC Genk Horeca & Events NV may take back the goods already delivered, without this affecting any right to collect the invoice, costs, interest and compensation.
8. Method of payment – The price specified on the invoice is payable in cash on the date specified on the invoice. In the event of a dispute, the invoice needs to be contested within eight days upon 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 an interest to the amount of 1% per month from the due date until full payment. Furthermore, any invoice not paid on the due date by a customer other than a consumer shall, by operation of law and without notice be subject to a fixed fee of 15%, with a minimum of € 75. The non-payment on the due date of one single invoice makes the owed balance of all the other invoices, and even the invoices that are not yet due, immediately due and 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, only the courts of Tongeren have jurisdiction without prejudice to the provisions of the Judicial Code which apply if it concerns a dispute between KRC Genk Horeca & Events NV and a consumer.