Algemene voorwaarden

Versie update 12/05/2021

General sales and contracting conditions BINT bv

These terms and conditions apply to all agreements concluded by BINT bv, unless the parties expressly agree otherwise in writing. These general terms and conditions are deemed to be familiar to the customer/client: the absence of any response within eight days of first becoming aware of them will render them enforceable, including for subsequent agreements. These terms and conditions take absolute precedence over the ordering and/or purchasing conditions of the customer or client, even if the latter stipulate otherwise.

1. Choice of Law and Forum.
All agreements concluded by BINT bv shall be governed solely by Belgian law. This provision applies in any case, regardless of the capacity of the parties, the place where the agreement was concluded, or where the agreement is to be performed, to the extent that the determination of the applicable law is permitted. All legal actions relating to these invoices or contracts fall under the jurisdiction of the Courts of West Flanders or the Justice of the Peace of the Canton of Waregem. All this to the extent that the determination of the competent court is permitted.

2. Payment
BINT bv’s invoices are always payable by bank transfer. These invoices are payable in cash upon issue, without discount. Any overdue payment will automatically and without notice of default incur a contractual interest rate of 1% per month or part thereof. Furthermore, in the event of full or partial non-payment of the debt on the due date without serious reason, and after a futile notice of default, the outstanding balance will be increased by a contractual penalty of 12%, with a minimum of EUR 250.00 and a maximum of EUR 2,500.00. If, contrary to the above, BINT bv nevertheless grants payment in installments, any installments not yet due will become due upon the first default. The same applies if the customer protests accepted bills of exchange. In the event of non-payment, all rights to commission or agreed-upon discounts will lapse. In the event of late payment, BINT bv reserves the right, without prior notice, to suspend its services, regardless of whether these arise from the current, previous, or subsequent contracts, and to resume them only, unless otherwise stipulated, upon payment being settled. Any late payment, even partial, by the customer on the due date entitles BINT bv to automatically and legally declare the contract terminated. Notification of this termination may be made by any means providing evidence. Late payment interest, as well as the fixed compensation, remain payable to BINT bv regardless of the termination of the sale.

3. Delivery or completion times
Delivery or completion times are always provided for information purposes only or as an indication and never constitute grounds for termination or compensation.

4. Lump sum compensation upon termination of the agreement
If the customer fails to fulfill an obligation, BINT bv has the choice between forced execution or termination of the agreement, where appropriate in accordance with Article 2 in fine, against a lump sum compensation equal to 20% of the purchase or contract price, unless BINT bv opts for compensation for proven damage.

5. Complaints
In accordance with Articles 1641 et seq. of the Civil Code, any complaint or comment must be reported upon delivery and, in the case of a latent defect, immediately upon discovery. If BINT bv does not confirm receipt of the timely complaint in writing immediately, the complaint or comment must also be notified and confirmed to BINT bv within five days in a detailed letter, clearly referring to the date of the complaint or comment, by registered mail, under penalty of inadmissibility. Complaints about invoicing must also be reported in writing within five days of receipt of the invoice, in the same manner and under the same conditions. The warranty against latent defects is strictly limited to the repair or replacement of defective goods, without any right to compensation for abnormal wear and tear or any consequential damage.

6. Warranty:
BINT bv is not obliged to provide any other or more extensive warranty than that provided by the product manufacturer. In the event that BINT bv provides a personal warranty, the customer can only invoke this obligation if the goods in question were installed by BINT bv. Any warranty obligation will lapse if the customer does not strictly adhere to the manufacturer’s instructions or uses the goods for improper purposes.

7.
Retention of Title: The goods sold remain the property of BINT bv until full payment of the principal and accessories for the sales price. In the event of resale, BINT bv reserves the right to claim the amount corresponding to the value of the resold goods. The retention of title is transferred to the resale price. Once the goods have been delivered or the customer fails to accept them, the buyer bears all risks, including cases of force majeure and destruction, and the cost of storage. Failure to pay any amount due on the due date may result in the reclaim of the goods.

8.
Right of retention BINT bv may also exercise its right of retention in respect of outstanding debts arising from other deliveries and services.

9.

At BINT® we attach great importance to your privacy and the protection of your personal data.

We handle all customer data 100% securely and in accordance with applicable laws and regulations, including the General Data Protection Regulation (GDPR). Your data will only be used for the purpose for which you shared it with us—such as preparing quotes or processing requests—and will never be shared with third parties without your consent.

Our data processing is carried out in accordance with the guidelines of competent authorities and is regularly evaluated for security and integrity.

Do you have any questions about how we handle your data? Feel free to contact us at [info@bint.be].