Article 1 Application of our general terms and conditions
1.1 The general terms and conditions of Seiton BV (hereinafter ‘Seiton’ or ‘Seller’) apply to all offers and contracts concluded to the exclusion of any other or contrary terms and conditions unless expressly stipulated otherwise. The Seller reserves the right to amend the terms and conditions unilaterally. These terms and conditions are drawn up in Dutch, if a translation into another language raises a problem of interpretation, this version shall prevail.
1.2 The signing of the quotation, placing of the order and/or the signing/execution of the contract also implies the general and definitive acceptance of these general terms and conditions.
Article 2 Offers and agreements
2.1 Price quotations are provided by Seiton purely by way of information and are not binding on Seiton. Price quotations are based on the values of materials and services applicable at the time and the probable quantities stated at the time. They expire after 30 days.
If the aforementioned values change, Seiton shall be entitled to adjust the prices proportionately. All taxes of any kind shall be borne by the Buyer. If VAT deviations are allowed at the request of the Buyer which subsequently prove to be incorrect after verification, the Buyer shall intervene in the payment of the VAT not levied and any additional penalties and interest imposed by the competent authority.
2.2.Seiton’s proposals/offers do not imply any commitment. The statements of representatives and orders are valid only if they have been accepted or confirmed in writing by a legally valid representative of Seiton. The Buyer is irrevocably bound by the signature of the quotation.
Article 3 Deliveries and risks
3.1. The goods can be collected at the Delivery Points made available and chosen by the Buyer. Once a choice has been made in this regard, the Buyer must collect the goods at this point. Free delivery is possible as from 3 packages per delivery point. For direct deliveries, the goods are always transported at the expense and risk of the Buyer. The delivery costs will be made known to you at the time of the order. Delivery conditions may vary depending on the location of the Buyer and will be made known to the Buyer on a regional basis.
Seiton only allows distributors officially accepted by it and provides them with the ordering conditions, these ordering conditions are the same for each accepted distributor. It is not allowed to sell products without the authorization of Seiton, the Buyer accepts this. The end customer can find the conditions at these official distributors.
Delivery conditions may vary depending on the location of the Buyer and will be communicated to the Buyer on a regional basis. The conditions shown are valid for the Belgian territory. Free delivery is possible as from 3 packs per delivery point. Free delivery is understood to mean 35€/pack (this fixed sales price shown here does not take account of fluctuations in world prices in the timber sector and may therefore fluctuate according to future goods, when a new order is placed, in any case the prices shown at the time apply). Distributors are obliged to maintain a minimum selling price which is also visible to the end customer, the official distributor accepts this. Seller reserves the right to change the price according to fluctuations in prices of raw materials, dollar or transport costs (not exhaustive) and this will take effect immediately upon notification.
3.2. Except in the case of intent or gross error, the Seller shall not be liable if, on the occasion of delivery, damage is caused to goods in the Buyer’s custody.
3.3. The Buyer is obliged to make the delivery possible and to provide the necessary materials for this purpose so that the products can be delivered. Any damages incurred by the Seller due to non-delivery shall be borne by the Buyer.
3.4. The period of delivery is always indicative.
Article 4 Acceptance and complaints
4.1. The quantities delivered shall be verified on collection. No complaint, with the exception of those relating to hidden defects, shall be admissible if the Buyer has not sent the Seller a precisely described complaint by registered letter within three days. The following are not considered to be defects of conformity, whether visible or hidden: slight differences in color or slight differences in dimensions of the goods, provided that they are unavoidable from a technical point of view or are generally accepted or inherent in the materials.
4.2. The delivered goods that are the subject of a complaint must be kept by the Buyer untouched as they were at the time of delivery until the Seller has been able to investigate the merits of the complaint, which he is obliged to do without delay.
4.3. Except in case of hidden defect, the processing of the materials shall always be considered as acceptance thereof. The Seller shall not be liable in any way for the contracting work with the products delivered. The Buyer undertakes to use the products in a proper manner and acknowledges having the necessary information and skills in this respect.
4.4. The submission of complaints does not entitle the Buyer to suspend payment for delivered goods.
Article 5 Payment procedures – protest
5.1. All invoices, whether final or partial, shall be payable in cash and without discount within 30 days of the invoice date at Seiton’s place of business, unless otherwise expressly agreed.
5.2. Each payment shall be charged to the oldest due invoice, and first to the interest and costs due.
5.3. In the event of late payment, Seiton reserves the right to interrupt deliveries still to be made until the invoice is paid, without the Buyer being able to claim any compensation for this. Seiton itself shall determine when it will restart the delivery, without being obliged to pay any compensation for this. If Seiton suffers any damage (both direct and indirect) as a result of this suspension, the Buyer will have to compensate it.
5.4. Any delay in payment by the Buyer shall make all sums due and payable by operation of law and without notice of default.
5.5. If the allowed payment term is exceeded, an interest of 1% per month from the due date will be payable on the amounts owed, ipso jure and without any prior notice of default. In addition, any amount unpaid on the due date will be increased by 12% by way of liquidated damages, ipso jure and without notice of default, with a minimum of EUR 150.00 per invoice and a maximum of EUR 1,500, even if periods of grace are granted.
5.6. Any protest with respect to invoices must be delivered to Seiton by registered letter within a period of 8 days and must set out the reason for the protest, stating reasons. In the absence of a timely protest, the invoices are definitively accepted and payment is due.
5.7. In the event of death, bankruptcy, apparent incapacity, suspension of payment, reorganisation, dissolution, change of company or any other radical change in the purchaser’s legal situation, or in the event of non-payment for a single delivery, or in the event of non-compliance with the stipulated special payment conditions, Seiton reserves the right to regard the contract as terminated by operation of law, or to suspend deliveries and/or stop further orders/deliveries for as long as necessary. This without the purchaser being able to claim any compensation for this and without prejudice to the possibility of Seiton being able to claim compensation for damage incurred.
Article 6 Right of withdrawal
6.1. The provisions of this article apply only to Buyers who purchase items online from Seiton in their capacity as consumers. Orders by Buyer B2B (Companies) are excluded from the right of withdrawal.
6.2. If the right of withdrawal applies:
The Buyer has the right to withdraw from the contract within a period of 14 calendar days without giving reasons. The withdrawal period shall expire 14 calendar days after the day on which the Buyer or a third party designated by the Buyer, who is not the carrier, takes physical possession of the good.
To exercise the right of withdrawal, the Buyer must inform Seiton BV, via an unequivocal statement (e.g. e-mail), of his decision to withdraw from the contract. To comply with the withdrawal period, the Buyer must send his communication regarding his exercise of the right of withdrawal before the withdrawal period has expired.
The Buyer must return or hand over the goods to Seiton BV without delay, but in any case no later than 14 calendar days after the day on which he notified Seiton of his decision to withdraw from the agreement. The Buyer is on time if he returns the goods before the period of 14 calendar days has expired. The direct costs of returning the goods shall be borne by the Buyer.
The Buyer is requested to return the items in their original condition and packaging, with all accessories supplied, and instructions for use. If the returned product is in any way impaired in value, Seiton reserves the right to hold the Buyer liable and to claim compensation for any impairment of the value of the goods resulting from the Buyer’s use of the goods beyond what is necessary to establish the nature, characteristics and operation of the goods.
All returned items are carefully examined. The basic premise here is that the consumer may only inspect the item as they would be allowed to do in a store. Returned items must not have been used. If an article has undergone a reduction in value due to the Buyer’s use, this will be charged to the Buyer.
If the Buyer revokes the agreement, Seiton BV will refund all payments received from the Buyer up to that point within a maximum of 21 calendar days after Seiton has been informed of the Buyer’s decision to revoke the agreement. In the case of sales contracts, Seiton may wait to reimburse until it has received all the goods back or until the Buyer has demonstrated that it has returned the goods, whichever comes first. Any additional costs resulting from the Buyer’s choice of a method of delivery other than the cheapest standard delivery offered by Seiton will not be refunded.
The Buyer cannot exercise the right of withdrawal for:
Article 8 Retention of title
8.1. Until full payment and fulfillment of all obligations under the purchase agreement, the delivered goods shall remain the property of the Seller. The Buyer undertakes, if necessary, to draw the attention of third parties to Seiton’s retention of title, e.g. to anyone who may come to seize articles which have not yet been paid for in full.
Article 9 Nullity
9.1 If any provision of these general terms and conditions is invalid, the remaining provisions will remain in full force and Seiton and the Buyer will consult with each other to replace the invalid provision with another provision that approaches the purpose and scope of the invalid provision as closely as possible.
Article 10 Taxes, subsidies
10.1 Increases in taxes, fees, duties or charges by the authorities which did not exist when the offer was made shall be borne by the Buyer. Changes in subsidies and support measures between the time of preparing the offer and the submission of the applications shall also be borne by the Buyer.
Article 11 Applicable law – competent court
11.1 Belgian law is applicable to Seiton’s agreements.
11.2 Any dispute relating to the conclusion, validity, execution and/or termination of the agreement between Seiton and the Buyer shall be settled by the competent Court of West Flanders, Kortrijk Division. For Buyers who are consumers, the ODR platform can be consulted for online purchases.
These General conditions are originally constituted in Dutch, when there is a problem the Dutch conditions prevail on the English translation;