General Terms and Conditions

Article 1: Scope

These General Terms and Conditions of Quincalux NV, located at Kouterstraat 7, 8560 Wevelgem and registered in the Crossroads Bank for Enterprises under number 0405.361.515 (hereinafter “Quincalux”), apply to all quotes/orders from Quincalux.

Deviations from these General Terms and Conditions are not permitted unless specifically confirmed in writing by Quincalux.

The customer confirms that by placing an order, accepting a quote or concluding an agreement, in writing or verbally, he has taken note of and agrees to these General Terms and Conditions of Quincalux.

These General Terms and Conditions automatically take precedence over the customer's purchase or other terms and conditions, even if they stipulate that they are the only ones that apply. The possible nullity of one or more clauses from these General Terms and Conditions does not affect the applicability of all other clauses.

Quincalux reserves the right to change the provisions of these General Terms and Conditions.

Article 2: Quotation

Every quotation from Quincalux is completely without obligation and remains valid for one month.

Both the stated prices and the delivery time of the goods offered are without obligation and purely indicative. A quote for one order does not automatically apply to subsequent orders.

The prices stated in a quotation assume the full purchase of the specified goods. The conditions are not binding for partial purchases.

Article 3: Orders

An agreement is only concluded after written or electronic acceptance of the customer's order by Quincalux or at the start of execution by Quincalux.

Quincalux reserves the right to accept or refuse any order without giving any reason. The buyer cannot claim any compensation if Quincalux refuses to accept his order.

Any changes or additions after completion are only valid after written agreement from both parties.

Article 4: Acceptance of the goods

Unless otherwise agreed, the goods sold by Quincalux can be collected from Quincalux's warehouses.

Acceptance of the goods by the buyer takes place in Quincalux's warehouses at the time of delivery, unless it has been agreed that delivery will take place at the location indicated by the buyer.

All costs of receiving the goods are borne by the customer. In the event of delivery to the customer, the goods always travel at the customer's risk.

Delay in delivery can never give rise to a fine, compensation, substitution or dissolution of the agreement at the expense of Quincalux.

Changes to the order will cancel the proposed delivery times.

Article 5: Payment

Unless otherwise stated, Quincalux prices are exclusive of VAT and exclusive of delivery, transport, insurance and administration costs.

Quincalux reserves the right, within legal limits, to adjust its prices during the term of the agreement to the evolution of its fixed and/or variable costs as a result of changes in its structure (raw materials, wages, energy). , changes in the law, safety measures, etc.).

Unless stated otherwise on the invoice, invoices are payable in euros at Quincalux's registered office, net, within 30 days of the invoice date. A discount for cash payment can only be allowed if expressly agreed in advance.

Any amount that remains unpaid on the due date will automatically and without prior notice of default yield interest of 10% per year from the due date. In the event of non-payment on the due date, the outstanding invoice amount will be automatically increased by 15% on each invoice due with a minimum of EUR 100 by way of conventional and fixed compensation, even if grace periods are granted, without prejudice to Quincalux who is entitled to compensation for higher proven damage and reimbursement of the (judicial) collection costs incurred.

To the extent that the customer fails to pay one or more outstanding claims against Quincalux, Quincalux may suspend all deliveries of goods and services or cancel undelivered orders until all outstanding invoices have been settled in full.

Non-payment of an invoice on the due date, as well as any interest and penalty clauses due, entails the immediate due and payable of all other invoices, even those that are not due, and any previously permitted payment terms expire. The same applies in the event of impending bankruptcy, judicial or amicable dissolution, request for judicial composition, cessation of payment, as well as any other fact indicating the insolvency of the customer.

In the event of continued default by the customer regarding his payment obligations, for whatever reason, Quincalux reserves the right to terminate the agreement free of charge and without notice of default or judicial intervention by simple registered mail addressed to the customer.

The unconditional payment of all or part of an invoiced amount constitutes acceptance of the invoice. Abbreviations are always accepted with all reservations and without any adverse acknowledgment, and are first allocated to any legal costs, then to the interest due, then to the damages clause, and finally to the principal sum.

Quincalux is entitled to compensate mutual fixed and due claims and debts between it and the customer up to the smallest amount. This provision is enforceable against the curator after the customer's bankruptcy.

Invoices can only be validly protested by registered letter and within 8 (eight) calendar days after the invoice date and stating the invoice date, invoice number and detailed reasons.

Article 6: Complaints

Unless otherwise stated, the customer will submit his complaints in writing to Quincalux and this:
(a) in the event of a complaint due to visible defects or non-conformity, within 48 hours after delivery of the goods or performance of the services
in
(b) in case of hidden defects, within 48 hours after discovery of this defect, with a maximum of six months after the date of delivery.

Submitting a complaint does not release the customer from his payment obligations.

No liability for visible and hidden defects and for non-conformity can be withheld on the part of Quincalux if these terms have expired without receipt of the above-mentioned letter.

Furthermore, any claim for indemnification shall lapse in the event of processing, alteration, repair by the customer or by third parties or in the event of abnormal or extraordinary use, wear or resale of the goods sold.

Article 7: Liability

Quincalux's liability is limited to the liability that is mandatory by law.
Quincalux is never liable for indirect damage, such as loss of turnover, loss of profit or increase in general costs.
Quincalux is also not liable for defects caused directly or indirectly by an act of the customer or a third party, regardless of whether these are caused by error or negligence, or by force majeure.

A timely and well-founded complaint from a customer (in accordance with Article 6) can only give rise to either the repair or the (complete or partial) replacement or addition by Quincalux of the delivered goods, without Quincalux being liable for higher damages.

Article 8: Force majeure

If Quincalux, due to force majeure, is unable to execute the agreement or makes its execution unreasonably more difficult, it has the right to terminate the agreement by simple written notification to the customer, without owing any compensation.

Are conventionally regarded as cases of force majeure, but are not limited to: war, natural circumstances, strike or lockout, fire, explosion, flood, epidemic/pandemic, seizure, embargo, shortage of means of transport, general scarcity of raw materials or goods , restrictions on energy consumption, regardless of whether the force majeure occurs at Quincalux or one of its suppliers.

Force majeure does not constitute grounds for non-payment.

Article 9: Retention of title

All goods sold remain the property of Quincalux until full payment of the principal sum, interest and costs. Until then, the customer may not sell or pledge the goods sold to a third party, or provide them as security or dispose of them in any way.

In the event of violation of the retention of title and ban on alienation, Quincalux automatically obtains a lien on the realized sales price of the materials.

Article 10: Confidentiality

Subject to legal exceptions, the products, plans, documents, brochures, posters, concepts, websites, etc. designed by Quincalux may not be reproduced, translated, adapted or stored, in whole or in part, in any form or by any means, nor may its contents, in whole or in part, be communicated or transmitted to the public in any form or by any means without prior written permission from Quincalux.

In the event of non-compliance with this obligation, the customer will automatically and without notice of default owe Quincalux compensation of EUR 2,500 per infringement, without prejudice to its right to claim higher compensation.

Article 11: Processing of personal data

Quincalux may include personal data provided by the customer in an automated database. This data will be used for the purpose of conducting information or promotional campaigns in connection with the services and/or products offered by Quincalux in the context of the contractual relationship between the customer and Quincalux.

Quincalux may exchange this data with affiliated companies. The customer can always request communication and correction of his data free of charge. If the customer no longer wishes to receive commercial information from Quincalux, the customer must inform Quincalux of this.

The customer confirms that he has been sufficiently informed about the processing of his personal data and about his right of access, correction, deletion and objection.

The party responsible for processing personal data is Quincalux NV, Kouterstraat 7, 8560 Wevelgem (KBO 0405.361.515).

More information is available at www.quincalux.com and more specifically https://www.quincalux.com/nl/p... . There you will find our Privacy Statement.

Article 12: Applicable law and competent court

All disputes arising from these General Terms and Conditions as well as from any other agreement concluded between Quincalux and the customer fall under the exclusive jurisdiction of the courts of the Kortrijk district.

These General Terms and Conditions and every purchase-sale agreement are exclusively governed by Belgian law, with the exclusion of the Vienna Sales Convention of April 11, 1980 and the Convention on the limitation period for the international sale of goods.