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General terms and conditions

The general terms and conditions of West Deco NV.

 

Art. 1: General

Unless expressly agreed otherwise, the general terms and conditions apply:

  • for each order through the web store www.westdeco.be;
  • for each quotation;
  • for each order confirmation;
  • for each invoice and/or any special conditions (hereinafter collectively referred to as the “Agreement”);
  • for each offer;
  • for each agreement;
  • for each service;
  • for each delivery

of West Deco nv, KBO number BE 0457.880.283, with registered office at 8020 Oostkamp, Akkerstraat 1 box 8 (hereinafter “West Deco nv”).

Deviations from these are only possible if West Deco nv has previously and explicitly agreed to them.

These general conditions have been drawn up in several languages.

The customer will not set any additional conditions unless West Deco nv has given its prior and express approval in writing. The customer's general and/or other conditions do not apply, even if they stipulate that they take precedence.

 

Art. 2: Offer - order confirmation

Unit prices in the quotation or order confirmation apply only to the goods or services described therein. Taxes and shipping or transport costs are not included, these are specifically mentioned. The provisions under “Services” also apply. You can find these at www.westdeco.be.

If works are required that are not included in the quotation or order confirmation, these are additional works. We invoice these on a cost-plus basis according to the unit prices of West Deco nv at that time.

After receiving the order confirmation, the customer has 48 hours to check the correctness of the content and to pass on any comments and/or changes. If there is no reaction within this period the order will be considered as definitively accepted.

Customers of West Deco nv who are on cash on delivery will first pay the outstanding amount of the order. The order confirmation states the amount due and the notice. Only when the amount is on the account number of West Deco nv (BE20 7380 1540 7056) will we start the production of the order.

 

Art. 3: Terms of payment

Unless otherwise agreed, the customer shall pay all invoices within 30 days of the invoice date.

West Deco nv has the right, when confirming the quotation, order confirmation or agreement, to send an advance invoice for 100% of the total quotation amount, unless otherwise agreed.

If the customer does not pay the invoice, or does not pay it in full or on time, an interest of 1% per month on the entire invoice amount will be added, ipso jure and without notice of default, as of the due date, plus a fixed compensation of 10%, with a minimum of 100 euros per invoice.

If one invoice is overdue, incomplete or not paid, West Deco nv will also claim payment of all other outstanding invoices. West Deco nv may apply the principle of set-off. The customer may not assign or offset invoices unless West Deco nv gives its express prior written consent.

The customer agrees that electronic communications and backups serve as evidence.

If the customer fails to pay or pays late, we may stop all deliveries. The merchandise remains the property of West Deco nv until the customer has paid the full price on the invoice.

 

Art. 4: Protest invoices

The customer may dispute the invoice expressly, with reasons and by registered notice, within 8 calendar days of the invoice date. If this is not done, we consider the invoice as definitively accepted.

 

Art. 5: Delivery period

The delivery times in the agreement or in any other document are approximate and only give as an indication. If West Deco nv delivers or performs with delay, the customer cannot claim damages or cancel the agreement. West Deco nv delivers all or only part of the order depending on the availability of the products.

The customer clearly reports possible problems with the delivery in advance. West Deco nv may charge the customer the extra costs for abnormal deliveries. The customer promises to pay these extra delivery costs.

 

Art. 6: Warranty

West Deco nv guarantees that its products are sound, without defects in material and/or construction, and that they comply with the legal standards and regulations in force on the date of delivery. This warranty lasts for 2 years from the date of delivery.

For the electrical products, we refer to the appendix 'Intervention West Deco: Electrical products'. That appendix can be found on the website www.westdeco.be.

West Deco nv may modify its products and their characteristics, regardless of what is stated in other documents. The delivery complies with the legal standards if it corresponds to the characteristics that existed and were offered at the time of the order.

The warranty of West Deco SA applies only to the agreement with the customer and not to the agreements made by the customer with others (own customers, buyers or end users). Therefore, we exclude articles 1649bis to 1649octies of the Civil Code, because West Deco nv has nothing to do with the communication and/or agreement between the customer and third parties.

West Deco nv's warranty does not cover defects:

  • that the customer could see upon delivery, whether the products were packaged or not;
  • that arise because the customer and/or his own customer chooses a combination of individual products or puts together individual products himself;
  • that arise because of:
    • a wrong choice of product or part resulting in the product or part or the whole or the combination of products and parts not being usable or not fulfilling the intended purpose;
    • improper handling, maintenance (including cleaning) or storage of the products;
    • improper installation or assembly, which did not follow the installation instructions or the rules of art and good workmanship;
    • incorrect or improper use of the products, or when the customer continues to use a defective product causing (more) damage;
    • external causes after delivery, due to the customer or third parties, or due to any other unknown cause (e.g. due to transportation).

The following items are also excluded from the warranty of West Deco nv:

  • Goods or parts that do not last long (e.g., parts that wear out, batteries ...). We guarantee these only for the time they normally last. Even if, due to the limitation of a part, the whole or a combination of parts or goods cannot be used;
  • damage that any other warranty or insurance covers;
  • changes in color and/or surface texture due to normal aging processes, exposure to sunlight, contact with water or other liquids or chemical products. Even if this occurs during normal maintenance or cleaning.

Descriptions and pictures of goods in catalogs, magazines, on other information carriers, at exhibitions, in samples, etc., are only indicative or exemplary. They do not oblige West Deco nv to supply exactly the same features. Minor differences are not a defect or non-conformity and the customer does not create false expectations in his own customers about the characteristics of the product.

 

Art. 7: Complaints - Liability - Returns

The customer shall report defects or non-conformity of the delivered products to West Deco nv immediately upon delivery or at the latest within 8 calendar days after delivery. The customer will send complaints or remarks after delivery to the e-mail address service@westdeco.be, mentioning an invoice or packing slip number. The provisions under 'Services' also apply. These can be found at www.westdeco.be.

If the customer does not report any visible defects or non-conformity of the delivered products immediately or at the latest within 8 calendar days after delivery, we assume that the customer has received all goods on the packing slip in good condition and in full. If the customer puts the products into use or processes or resells them without reservation, it means that he accepts them.

If the delivered products or services are defective or non-conforming, West Deco nv chooses to:

  • repair the products;

or

  • replace the products or defective part with a new product or part of the same or similar type and of the same or equivalent kind and quality;

or

  • take back the products and refund the amount already paid by the customer.

The customer always transfers the products or accessories, without exception, at our first request to repair, replace or take them back.

If West Deco nv is responsible for damage to the delivered goods, West Deco nv will refund only the purchase price (without VAT). For this we make a credit note of 100% of the sales value. West Deco nv also pays all costs of the return.

For returns the provisions under 'Services' apply. These provisions can be found on the website www.westdeco.be.

West Deco nv will not be liable for or reimburse any immaterial, indirect or consequential damage, such as (but not limited to) loss of profit, loss of turnover, loss of income, production restrictions, administration or personnel costs, general costs (research, demolition or dismantling ...), moral damage, loss of customers or a claim from third parties. Except in the case of fraud, an intentional or gross negligence on the part of West Deco nv.

The extra-contractual liability of West Deco nv towards the customer is limited to the amount covered by West Deco nv's liability insurance, except in the case of fraud, an intentional act or gross negligence. The contractual liability does not exceed the amount already paid by the customer. If the complaint is not valid or the warranty period has expired, we will repair or replace the products at the customer's expense. In this case, the provisions under “Services” apply.

 

Art 8: Suspension - Dissolution

West Deco nv only offers its services for the products supplied by West Deco nv. The provisions under article 2 (Quotation - Order confirmation) and article 3 (Terms of payment) are also in force.

If the customer fails to fulfill its payment or other obligations under the agreement, West Deco nv may immediately and without notice of default suspend or postpone its obligations under the agreement or other current agreements between the parties. This provision also applies in the case of several offers or agreements between the same parties.

If the customer does not pay or fulfill its other obligations within 15 working days after a registered notice of default from West Deco nv, or if the customer is clearly unable to pay or goes bankrupt, West Deco nv may either demand the termination of the agreement, or dissolve the agreement out of court, or demand the performance of the agreement. All this by operation of law and without notice of default. In addition, West Deco nv is entitled to compensation for the costs and performances it already did, and to damages if the agreement is terminated (prematurely).

The customer may terminate the agreement with West Deco nv if West Deco nv is guilty of fraud, deceit, an intentional or grave error. If the customer wants to terminate, he will notify West Deco nv by registered letter within a reasonable period of time after he has discovered the reason to terminate.

 

Art 9: Cancellation

The customer may cancel an order only in writing by sending an e-mail to info@westdeco.be. If the customer cancels the agreement, then
the first consideration is whether or not the products that are part of the original order can be integrally reused by West Deco nv in their original state.

  • If the goods are returnable to their original condition , West Deco nv is free to determine if there is any lost profit suffered due to the non-fulfillment of the order and West Deco nv may request compensation for this.
  • If the goods cannot be returned to their original state or if they are custom-made is involved, then West Deco may demand up to 100% of the full order price. This category include :
    • Harde raamdecoratie zoals o.a. rolgordijnen, duo rolgordijnen, houten lamellen en andere gelijkaardige producten in deze categorie
    • Rails die gebogen worden
    • Andere producten die in de praktijk onverkoopbaar worden nadat er een bewerking aan gebeurd is.

If West Deco nv cancels the agreement, without good reason and after West Deco nv has failed to respond to a notice of default to commence performance of the agreement within a reasonable period of time, West Deco nv will pay liquidated damages of 20%. The customer retains the right to prove any greater damages.

 

Art. 10: Force majeure

West Deco nv is not liable for the consequences of force majeure or delays due to any event beyond West Deco nv's control. These include, but are not limited to:

  • strike and lockout;
  • transportation and distribution problems;
  • war;
  • fire;
  • government or administration ordinances or regulations;
  • lack of natural gas and/or other fuels;
  • deliveries failing;
  • systems failing;
  • freezing temperatures that prevent work;
  • storms, thunderstorms, flooding or other weather conditions that halt or interrupt work;
  • supplier or carrier delays;
  • a pandemic;
  • all other factors or causes which occur beyond the control of West Deco nv and which West Deco nv, despite reasonable efforts, cannot prevent or avoid, making it more difficult or late to perform its commitments.

In cases like this, all parties make every effort to (continue to) execute the agreement as soon as possible. If the emergency situation or force majeure lasts longer than 3 months, each party may terminate the agreement itself with a registered letter without anyone being entitled to compensation. The customer does pay for the work and costs already done by West Deco nv.

 

Art. 11: Retention of title - transfer of risk

West Deco nv remains the owner of the materials and installations until the customer has paid all invoices in full, without exception (including any interest, costs and taxes), even if the materials or installations have been built into real estate or if the customer or third parties have modified them. As long as West Deco nv remains the owner, the customer may not give away, sell, lend, pledge or otherwise use the materials or installations. If necessary, the customer shall point out to third parties that West Deco nv is the owner. Once delivered, the customer bears the risk of disappearance or damage to the materials and/or installations.

 

Art. 12: Intellectual property

The customer respects all intellectual property rights of West Deco nv or its suppliers. These rights include patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, such as technical and/or commercial knowledge, methods and concepts that may or may not be protected.

 

Art. 13: Data protection

West Deco nv always handles the customer's personal data with care in accordance with the applicable privacy regulations. West Deco nv uses these data for purposes and reasons that it describes in its privacy policy on its website www.westdeco.be under the heading 'Disclaimer and Privacy'. The customer may object to some processing, for example for promotional purposes or for data processing in the points of sale on West Deco nv's website. In some cases, the customer has the right to access, request, correct or delete his or her data. The customer may also request that the processing be restricted. To do so, send an e-mail to info@westdeco.be.

 

Art. 14: Nullity

If one or more provisions of this Agreement or its annexes are wholly or partially void, invalid or unenforceable, that shall not affect the other provisions or the part of the provision that is valid and enforceable. In such event, the parties shall negotiate fairly to replace the void, invalid and/or unenforceable provision with a provision that is valid and enforceable and as close as possible to the substance and spirit of the original provision.

 

Art. 15: Choice of law - Jurisdiction

Belgian law applies to the agreement between West Deco nv and the customer. Only the courts of the district of West Flanders, Bruges division, are competent to deal with any disputes.

 

Art. 16: Price

The euro (€) is the currency of all prices we list. The purchase prices in the catalog do not include VAT. Recommended retail prices in the catalog include VAT.

 

Art. 17: Customer service

Contact the general customer service department of West Deco nv:

  • by e-mail: info@westdeco.be;
  • by phone: 050 81 20 41;
  • by post: Akkerstraat 1 box 8, 8020 Oostkamp.

In case of complaints, please contact the customer service department at service@westdeco.be.

 

Art. 18: Waiver of right

West Deco nv does not waive its rights if it does not claim a right or apply a sanction.