General Terms and Conditions
Article 1: Scope
Only these General Terms and Conditions govern the commercial relations between Quincalux NV, located at Kouterstraat 7, 8560 Wevelgem, registered under number 0405.361.515 (hereinafter “Quincalux”), and its customers. Placing an order, accepting a quote, or entering into an agreement with Quincalux implies the customer’s full and unreserved acceptance of these terms.
Any deviations, including those appearing in the customer’s purchase conditions or order form, shall not apply unless expressly agreed in writing by Quincalux. Even in such cases, these General Terms and Conditions remain fully applicable to all provisions that have not been explicitly derogated.
The invalidity or unenforceability of any provision shall not affect the validity of the remaining provisions. Quincalux reserves the right to modify these General Terms and Conditions at any time.
Article 2: Quotation
All quotations issued by Quincalux are provided without obligation and remain valid for a period of two months, unless otherwise stated on the quotation. Prices and delivery times indicated are purely indicative and do not create any binding commitment.
A quotation applies only to the specific order for which it was issued and does not automatically extend to subsequent orders. Prices are based on the full purchase of the goods specified and do not apply to partial orders.
Article 3: Orders
An agreement is concluded only when Quincalux has accepted the customer’s order in writing or electronically, or upon commencement of its execution.
Quincalux may accept or refuse any order at its discretion, without providing a reason. The customer shall have no claim for compensation in the event of refusal.
Any changes or additions to an order after acceptance are only valid if confirmed in writing by both parties.
Due to our production process, orders may only be cancelled up to two (2) working days after the order has been processed. After this period, cancellation is no longer possible.
Article 4: Acceptance and shipping of the Goods
Unless otherwise agreed, the goods sold by Quincalux shall be shipped by Quincalux to the delivery address designated by the customer. Acceptance of the goods takes place at the time of delivery at the agreed location.
If it is expressly agreed that the customer will collect the goods from Quincalux’s warehouses, acceptance shall take place at the time the goods are made available for collection.
All costs related to the receipt of the goods shall be borne by the customer. In all cases, the goods are transported at the customer’s risk.
Delivery times are provided for indicative purposes only. Any delay in delivery shall not give rise to penalties, compensation, replacement, or termination of the agreement at the expense of Quincalux.
Any modification to the order shall automatically result in the cancellation of the initially proposed delivery times.
Article 5: Payment
Unless otherwise stated, all prices are exclusive of VAT and exclusive of delivery, transport, insurance, administrative and other ancillary costs.
Quincalux reserves the right, within the limits of applicable law, to adjust its prices during the term of the agreement in response to increases in fixed and/or variable costs, including but not limited to raw materials, wages, energy, legislative changes, or other structural cost elements.
Unless otherwise indicated on the invoice, invoices are payable in euros at Quincalux’s registered office before the start of production of the order (pro forma).
Any amount unpaid on the due date shall automatically and without prior notice bear interest at 10% per annum from the due date. In addition, the outstanding amount shall be increased by 15% by way of fixed and conventional compensation, with a minimum of EUR 100 per invoice, without prejudice to Quincalux’s right to claim higher proven damages and recovery costs.
Failure to pay an invoice on its due date renders all outstanding invoices immediately due and payable and cancels any granted payment terms. The same applies in the event of bankruptcy, judicial reorganisation, dissolution, suspension of payments, or any situation indicating insolvency.
In such cases, Quincalux may suspend further deliveries or terminate the agreement without prior notice or judicial intervention by registered letter.
Partial payments are accepted with all reservations and shall be allocated first to costs, then to interest, then to compensation, and finally to the principal. Unconditional payment of an invoice constitutes acceptance thereof. Quincalux is entitled to set off mutual due and payable claims, including in the event of bankruptcy.
Invoices may only be validly contested by registered letter within eight (8) calendar days from the invoice date, stating the invoice number and detailed reasons.
Article 6: Warranty period
Quincalux products are covered by a warranty of twenty-four (24) months against defects in material or workmanship, starting from the date of delivery.
The warranty is limited to the repair or replacement of the defective product at Quincalux’s discretion and does not cover any additional costs, losses, or compensation.
To make a warranty claim, the customer must follow the procedure for complaints as described in Article 7.
Article 7: Claims
Unless otherwise agreed, all claims must be submitted in writing to Quincalux as follows:
(a) For visible defects or non-conformity, within forty-eight (48) hours of performance of the services or after delivery of the goods.
(b) For hidden defects, within forty-eight (48) hours of their discovery, with a maximum period of six (6) months from the date of delivery.
For more information regarding our claim process, we kindly ask you to visit our website and read our FAQ about ‘What to do if you have an issue with your product’.
Submitting a complaint does not release the customer from their payment obligations. Quincalux shall not be liable for defects or non-conformity if the complaint is not submitted within the above periods.
Any claim for compensation will no longer be valid if the goods have been altered, repaired, processed by the customer or a third party, or subjected to abnormal use, excessive wear, or resale.
Article 8: Returns
All return requests must be submitted in writing and are subject to prior written approval by Quincalux. The request must include the relevant invoice or order confirmation number and the reason for the return. Goods returned without prior approval will not be accepted and will be returned to the customer at their expense.
Only goods delivered within three (3) months prior to the return request (calculated from the delivery date) are eligible for return. Requests submitted after this period will be refused without exception.
Approved returns will only be accepted if the goods:
Are unused, uninstalled, and in new condition;
Are returned in their original, undamaged packaging;
Show no signs of wear, damage, modification, or use.
Quincalux reserves the right to partially or fully refuse a return if these conditions are not met.
Products that are custom-made, made to order, or produced according to the customer’s specifications (including but not limited to special finishes, dimensions, or configurations) are non-returnable under any circumstance.
For approved returns of standard products, Quincalux will charge an administrative return fee of 15% of the net invoiced value of the returned goods. This fee covers handling, inspection, repackaging, and stock management.
All transport costs related to the return are borne by the customer, and the goods travel at the customer’s risk until received, inspected, and approved by Quincalux. After inspection and approval, Quincalux will issue a credit note for the net value of the returned products, minus applicable administrative costs. No cash refunds will be made.
Article 9: Liability
Quincalux’s liability is limited to what is mandatory under applicable law. Under no circumstances shall Quincalux be liable for indirect or consequential damages, including loss of turnover, loss of profit, or increased costs.
Quincalux is not liable for defects or damage caused directly or indirectly by the customer, a third party, or circumstances beyond its control, whether arising from error, negligence, or force majeure.
A timely and well-founded complaint submitted in accordance with Article 6 may only give rise to repair, or to complete or partial replacement or supplementation of the delivered goods. Quincalux shall not be liable for any additional damages.
If Quincalux is unable to perform the agreement, or if performance is rendered unreasonably difficult due to force majeure, it may terminate the agreement by written notice to the customer, without any obligation to pay compensation.
Force majeure includes, but is not limited to: war, natural disasters, strikes or lockouts, fire, explosion, flood, epidemics or pandemics, seizure, embargo, shortage of transportation, general scarcity of raw materials or goods, and restrictions on energy consumption, whether occurring at Quincalux or its suppliers.
Force majeure does not relieve the customer from their obligation to pay for goods or services.
Article 10: Retention of Title
All goods sold remain the property of Quincalux until full payment of the principal amount, interest, and any related costs. Until ownership transfers, the customer may not sell, pledge, use as security, or otherwise dispose of the goods.
In the event of a violation of this retention of title or prohibition on alienation, Quincalux shall automatically have a lien on the proceeds from any sale of the goods.
Article 11: Confidentiality
Subject to legal obligations, all products, plans, documents, brochures, posters, concepts, websites, and other materials created by Quincalux may not be reproduced, translated, adapted, stored, or communicated—whether in whole or in part, by any means—without prior written consent from Quincalux.
Any breach of this confidentiality obligation shall automatically entitle Quincalux to compensation of EUR 2,500 per infringement, without prior notice of default, without prejudice to Quincalux’s right to claim higher damages.
Article 12: Processing of Personal Data
Quincalux may include personal data provided by the customer in an automated database. Such data will be used in connection with the contractual relationship for purposes including information and promotional communications regarding Quincalux’s products and services.
Quincalux may share this data with affiliated companies. The customer may request access to, correction of, or deletion of their personal data free of charge at any time. Customers who no longer wish to receive commercial communications from Quincalux must inform Quincalux accordingly.
The customer confirms that they have been sufficiently informed about the processing of their personal data and their rights of access, correction, deletion, and objection.
The data controller responsible for processing personal data is Quincalux NV, Kouterstraat 7, 8560 Wevelgem (KBO 0405.361.515). Additional information, including the Privacy Statement, is available at www.quincalux.com and specifically at https://www.quincalux.com/nl/privacy .
Article 13: Applicable Law and Competent Court
All disputes arising from these General Terms and Conditions, or from any agreement concluded between Quincalux and the customer, shall fall under the exclusive jurisdiction of the courts of the Kortrijk district.
These General Terms and Conditions, as well as all purchase and sale agreements, are governed exclusively by Belgian law, with the explicit exclusion of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980) and the Convention on the Limitation Period for the International Sale of Goods.
