1.1. Nederlands: Deze algemene voorwaarden (hierna genoemd “voorwaarden”) zijn op eenvoudig verzoek beschikbaar in het Nederlands, Frans en Engels, en zijn tevens te consulteren op www.dekocandle.be in de drie voormelde talen. De Nederlandstalige versie van deze voorwaarden is de enige authentieke.
1.2. Français : Ces conditions générales (nommées ci- après “conditions générales“) sont disponibles sur simple demande en néerlandais, français et anglais, et peuvent aussi être consultées sur le site www.dekocandle.be dans les trois langues précitées. La version en néerlandais de ces conditions générales est la seule version authentique.
1.3. English: These general terms and conditions (hereinafter “general conditions“) are available on request in Dutch, French and English, and can also be consulted on www.dekocandle.be in the three aforementioned languages. Only the Dutch version of these general conditions is legally valid.
2.1. “DEKOCANDLE”: The private limited liability company “DEKOCANDLE”, with registered offices in 7711 Dottenijs, at Jacquetboslaan 5, Belgium, VAT number BE- 0461.966.161, Register of Legal Entities in Bergen-Charlerloi, in the borough of Doornik;
2.2. “Customer”: All legal entities, as well as all who act on their behalf who place orders with DEKOCANDLE.
3. Scope of terms and conditions
3.1. All commercial relationships between DEKOCANDLE and the Customer will be governed by (in descending hierarchal order): (i) the written agreement between DEKOCANDLE and the Customer; (ii) the order form signed by the Customer or the written confirmation of order issued by DEKOCANDLE (in the case of the Customer placing an order by email); (iii) by an order placed by the Customer by email (if necessary); (iv) these conditions and (v) Belgian law.
3.2. DEKOCANDLE carries out the following activities:
3.3. By placing an order or entering into an agreement, the Customer acknowledges that they have taken due cognisance of these terms and conditions and have accepted them. These terms and conditions take precedence over those of the Customer, even should the Customer state that only their conditions apply.
3.4. The (repeated) non-application by DEKOCANDLE of any entitlements or rights, can only be regarded as the toleration of certain circumstances and does not negate the entitlement of DEKOCANDLE to have recourse to the right at a later date.
3.5. Any eventual voiding of one or more clauses contained in these terms and conditions or part thereof,
does not affect the validity and applicability of other clauses and/or the rest of the stipulations in question. In such cases DEKOCANDLE and the Customer will negotiate to replace the voided condition with an equivalent condition which is in the spirit of these conditions. Should DEKOCANDLE and the Customer not be able to reach agreement, then the duly empowered Court will reword the voided condition in such a way that it is permitted in law.
4. Entering into the agreement
Ordering using an order form
4.1. When the Customer places an order using an order form, the agreement comes into force as soon as the Customer has signed the order, or otherwise at the commencement of implementation of the order by DEKOCANDLE.
Ordering by email
4.2. When the Customer places an order by email, the agreement is only entered into after written or electronic confirmation of the order by a person who is duly authorised to act on behalf of DEKOCANDLE,
Cancellation by the Customer
5.1. The Customer can only validly cancel the agreement (totally or in part), when the Customer informs DEKOCANDLE – at the latest 72 hours after the agreement has been reached – of this in writing or by electronic means.
5.2. DEKOCANDLE retains the right, in such cases of cancellation (even partial cancellation) to charge the Customer damages amounting to 15 % of the price (excluding VAT) of the cancelled order, with a minimum charge of € 250,00, without prejudicing the right of DEKOCANDLE to prove greater damages.
Cancellation by Dekocandle
5.3. In such cases where DEKOCANDLE is no longer able to carry out the order for objective reasons, either before completion of the order or actually during the order, (for example, because certain decorative items can no longer be ordered by or delivered to DEKOCANDLE by their supplier), then DEKOCANDLE will inform the Customer of this as soon as possible, or in any case within a reasonable time period. In such cases, any payments already made, will be reimbursed, after the aforementioned notification, within a reasonable time scale. In such circumstances, no claim can be made against DEKOCANDLE for damages.
5.4. Moreover, DEKOCANDLE is entitled to cancel the order, in the case where this is based on incorrect information provided by the Customer or when DEKOCANDLE suspects that the Customer is making a request to DEKOCANDLE based on reasons that can be regarded as not being objectively reasonable and acceptable.
6. Delivery times
6.1. All delivery times are only stated as estimates. Should these delivery times be exceeded, this cannot give rise to claims for a fine, damages, subrogation or termination of the agreement at DEKOCANDLE’s expense.
6.2. Inadequate, late or incomplete delivery does not legally justify non-payment or late payment of the outstanding amounts owed by the Customer.
6.3. The stated delivery times automatically lapse in the following cases:
7.1. Unless expressly agreed otherwise, the goods will always be delivered EX WORKS (Incoterms 2010) to the delivery address provided by the Customer and the cost of delivery will always be borne by the Customer and the risk of damage, destruction and disappearance relating to the goods, transfers to the Customer as soon as the transportation of the goods commences.
7.2. Any additional costs for taking receipt of the goods are to be borne by the Customer.
7.3. The way in which the transportation is carried out and who takes care of this, is determined in all reasonableness by DEKOCANDLE.
7.4. The Customer is obliged to sign the CRM note to confirm receipt of the delivery.
8. Visible defects/non-conformity
8.1. The Customer should make an initial verification of the goods, immediately the goods have been delivered. This relates to quantities and weight, conformity of the delivery and any visible defects (for example, breakages and dents). The Customer should clearly state verifiable defects on the transport company’s CRM note, on pain of forfeiture of rights.
8.2. Should no complaints be appended to the CMR note, the client is deemed to have approved and accepted the delivery.
9. Hidden defects
9.1. Unless expressly agreed otherwise, DEKOCANDLE indemnifies the Customer for two months with respect to hidden defects that are present in the delivered goods. This two-month period commences on delivery of the goods.
9.2. The Customer should report these hidden defects no later than 48 hours after the defects have been discovered, in the form of a recorded deliver letter addressed to DEKOCANDLE.
9.3. On pain of the complaint being found inadmissible, the Customer must prove that they stored the goods properly both before and after the defects were found. After having confirmed any defect, the Customer is obliged to immediately stop using the goods in question and do all that is reasonably possible to prevent any (further) damage occurring, on pain of the complaint being inadmissible.
9.4. Any return of goods delivered by DEKOCANDLE should first be authorised in writing by DEKOCANDLE and should take place in accordance with the instructions provided by DEKOCANDLE. If this authorisation has not been approved, all returned goods will not be accepted and any associated costs incurred will be charged to the Customer.
10.1. Submitting a complaint does not entitle the Customer to suspend their obligation to make payment. The Customer is obliged to reimburse costs incurred relating to unjustified complaints.
11. The guarantees that DEKOCANDLE offers the Customer in the case of a complaint concerning a visible defect and/or hidden defect are at the discretion of DEKOCANDLE and are limited to (full or partial): (i) replacement, (ii) repair, or (iii) the return of the goods in question and issue of a credit note to the Customer.
12.1. Without prejudice to that laid down in Article 12.2, DEKOCANDLE retains the right to request integrated payment in the case of new Customers or Customers from abroad, before carrying out completion of the order.
12.2. Unless stated otherwise, invoices from DEKOCANDLE are to be paid by bank transfer within the time period stated on the invoice and without any discount, on the date of invoice.
12.3. Customers can only protest against invoices by means of a recorded delivery letter, within seven days of the date of the invoice and the letter should state the date of the invoice, the invoice number and detailed reasoning supporting the protest. Any such protest does not abrogate the Customer from their obligation to make payment.
13. Consequences of non-payment or late payment
13.1. All amounts that remain unpaid on the due date will be subject to statutory arrears interest of 11.5 % without notice of default being necessary and moreover, the outstanding amount will also be increased to include all the costs of collection incurred by DEKOCANDLE to recover the debt, as well as 12 % of the invoiced amount, with a minimum of € 125.00 and a maximum of € 1,860.00 (excluding VAT), in the form of a lump sum payment of damages, without prejudice to granting a period of grace and the right of DEKOCANDLE to demand greater damages.
13.2. Should the Customer remain in default with regard to one or more outstanding demands for payment to DEKOCANDLE, then DEKOCANDLE retains their right to immediately halt any further deliveries and to regard any other orders as having been cancelled without any need for notice of default to be served, in which case the lump sum payment of damages stated in Article 5.2 is payable.
13.3. Moreover, this immediately results in all other invoices becoming due for payment, even those invoices that are not yet due for payment and all permitted terms and conditions of payment lapse. The same applies in the case of the threat of bankruptcy, legal or amicable dissolution, suspension of payments and all other facts that would indicate the Customer is insolvent.
14. Electronic invoicing
14.1. By placing an order, the Customer declares that they expressly agree to the use of electronic invoicing being made by DEKOCANDLE, unless the parties agree otherwise in writing.
14.2. However, in cases where deliveries are made to Customers outside of the European Union, the invoice will be provided with the delivery.
15. Retention of title.
15.1. Without prejudice to the risk borne by the Customer with regards to the goods, DEKOCANDLE retains the right of title of the goods delivered, for as long as the Customer has not paid in full the price, costs, interest and all other associated charges for their order.
15.2. The parties agree that the various transactions/contracts they enter into will be regarded as constituting one commercial whole and that DEKOCANDLE will always retain title of the goods that are in possession of the Customer, for as long as the Customer still has an outstanding debt to DEKOCANDLE.
15.3. In the case of default of payment, the Customer is bound to return the goods that are still held, at the first request of DEKOCANDLE. In such cases, any amounts paid in advance will be retained to make good any possible losses incurred on resale.
16.1. With the exception of the indemnification offered by DEKOCANDLE in accordance with the above stated guarantee, the liability of DEKOCANDLE is limited to the value of the invoice of the goods delivered by DEKOCANDLE and in all cases is limited to the liability that is applicable under Belgian law.
16.2. DEKOCANDLE is in no event liable for delays in delivery (including additional costs that may be incurred by the Customer) that result from default by the suppliers of DEKOCANDLE, the Customer or any other third party.
16.3. Without prejudice to the tips/advice of DEKOCANDLE concerning, amongst other things, the use of the goods and safety in this respect - that can be consulted on the DEKOCANDLE website (www.dekocandle.be) - the intended use of the goods by the Customer and any third party takes place under the complete responsibility and at the risk of the Customer. DEKOCANDLE cannot be held liable in anyway whatsoever for any direct or indirect damage that is occasioned by this intended use.
16.4. The Customer expressly acknowledges that the goods are not protected against all weather conditions and that consequently the Customer cannot hold DEKOCANDLE liable for any damage that may be caused in this respect (including, but not limited to, the candles melting in the sun/heat or corrosion caused by rain).
16.5. Nor may the Customer have recourse to the indemnification offered by DEKOCANDLE:
16.6. The liability of DEKOCANDLE is restricted to the direct Customer of DEKOCANDLE and does not cover third parties.
17. Choice of law and competent courts
17.1. Belgian law applies.
17.2. Disputes will be dealt with by the courts that have exclusive authority in the district where DEKOCANDLE has their registered offices, unless DEKOCANDLE expressly states otherwise.