a) These are the general terms and conditions (hereinafter: “General Terms and Conditions”) of HELCO BV, trading under the name ‘Helcofloors®’, with registered office at 7971 Beloeil, Rue Jean-Bapt. Daudergnies (Bas) 4, and registered in the Crossroads Bank for Enterprises under number 0808.972.278 (hereinafter: “Helcofloors®”, “Seller”).
b) These General Terms and Conditions apply to all orders placed by the buyer, i.e. any company (with or without legal personality) acting exclusively for professional purposes (hereinafter: “Buyer”). The Buyer is deemed to accept them by the mere fact of his order. Deviations from these General Terms and Conditions, even if stated on documents issued by the Buyer, are only enforceable against Helcofloors® if this is confirmed in writing by Helcofloors®. Even then, all other points of these General Terms and Conditions remain in force.
a) All oral preliminary discussions are purely informative. The sales agreement is only concluded after written confirmation by the Seller. A start of execution is considered confirmation unless it is made subject to reservation. The execution thereof is carried out in accordance with the sales conditions included in the quotation, the contract, the order form, the delivery note and/or the break, to the exclusion of the Buyer's own general and/or special conditions, even if these are communicated subsequently.
b) Any cancellation of the order must be made in writing, in the case of pallet sales before transport has been arranged, in the case of container sales before production of the goods. It is only valid if accepted in writing by the Seller. In the event of cancellation, the Buyer is liable to pay a fixed compensation of 35% of the price of the order. This compensation covers the fixed and variable costs and possible loss of profit.
a) The price is determined at the time of the order. If the fixed and/or variable costs (raw materials, wages, energy, taxes, levies, import duties, currency fluctuations, etc.) have increased by more than 3% at the time of delivery beyond the Seller's control, the price of the goods sold will be increased accordingly. Any price revision will be made in accordance with the legally permitted standards and will be objectively substantiated by the Seller. The new price will be communicated to the Buyer in writing and is binding for him; the new price cannot lead to the cancellation of orders placed by the Buyer.
b) The price is exclusive of VAT.
c) The price is exclusive of delivery, transport and insurance costs, unless explicitly stated otherwise.
If the total sum is less than €1200, €150 will be added.
a) The price is – unless expressly stated otherwise on the invoice – payable no later than 30 days after the invoice date, net, in cash and without discount at the registered office of the Seller.
b) In the event of non-payment on the due date, a default interest of 12% will be due by operation of law and without prior notice of default, or the statutory interest rate determined in accordance with Article 5 of the Act of 2 August 2002 on combating payment arrears, if this is higher.
c) In the event of late payment, the invoice amount will be increased by a fixed compensation of 10%, with a minimum of 125 euros, to compensate for the extrajudicial collection costs.
d) Incorrect statements on the invoice must be reported by registered letter within eight days after the invoice date. After this period, the invoice is deemed to be correct and accepted.
e) In the event of a dispute concerning part of the delivered goods, the Buyer is in any case obliged to pay on the due date of the invoice for the undisputed part.
If the Seller's confidence in the Buyer's creditworthiness is shaken by acts of judicial execution against the Buyer and/or other demonstrable events that call into question the confidence in the proper performance of the obligations entered into by the Buyer, the Seller reserves the right to demand suitable guarantees from the Buyer. If the Buyer refuses to comply, the Seller reserves the right to cancel the entire order or part thereof, even if the goods have already been shipped in whole or in part. In such a case, compensation will be due at a rate of 35% of the amount of the order/agreement.
a) In the case of Franco deliveries, the ordered goods will be delivered to the Buyer at the location indicated by him under normal and accessible conditions and during normal working hours.
b) If delivery cannot take place for reasons attributable to the Buyer, or due to force majeure, all costs caused by this will be borne by the Buyer.
c) Transport and delivery are at the Buyer's risk. Insurance of the transport is only provided by the Seller if the Buyer has expressly requested this and then at the Buyer's expense.
d) Delivery periods and/or periods for the execution of the works are only provided by way of information and do not constitute an obligation. Exceeding these periods does not entitle the Buyer to change the payment conditions, nor to compensation or termination of the agreement.
a) The Buyer must immediately receive the goods and check their conformity with the order and for any visible defects. If no protest is made at that time, the Buyer acknowledges that the information stated on the consignment notes, delivery notes and order forms is correct and complete, and accepts the goods in the condition in which they are. Minor deviations and differences in quality, quantity, colour or finish that are customary in the trade or technically unavoidable cannot constitute grounds for complaints.
b) Hidden defects can only give rise to compensation if they are made known to the Seller within eight days of discovery by the Buyer and this by registered letter and the goods are not processed in the meantime. The guarantee expires if the maintenance, installation and storage instructions have not been observed, if the goods have been used incorrectly, or if the Buyer has had the goods changed or repaired without the express consent of the Seller.
c) The Seller's liability for defects is in any case limited to the replacement of the defective goods by equivalent goods, whereby all costs such as transport, insurance, etc. are borne by the Buyer.
The Seller is not liable for any other damage of any kind, whether to persons, objects or to the goods themselves.
d) Once the goods have been placed/processed, they were accepted in the condition in which they are. Possible colour differences or variations are normal.
e) The application of article 6.3 of the Civil Code is expressly excluded. The Buyer, purchaser, affiliate or contractor of the Seller shall refrain from holding any assistant or executive agent (being an employee, director or any other appointee) of the Seller extra-contractually liable for damage resulting from the Seller's failure to comply with the contractual obligation. If an assistant or agent of the Seller is still approached, this assistant or agent shall in any case have the right to invoke all defenses that his or her principal can invoke against the Buyer, customer, affiliate or contractor of the Seller, regardless of whether the relevant principal is the Seller or is an assistant himself or herself. The assistant or agent shall also have the right to invoke all defenses that he or she can invoke against his or her principal (whether or not the Seller).
f) For more information about the warranty for the delivered goods, you can consult our warranty conditions on our website:
In the event of force majeure, the Seller has the right to suspend the execution of the agreement or to terminate the agreement. In the event of force majeure, the Buyer expressly waives any claim for damages.
The term consignment on inspection means placing products on inspection, with the aim of visualising and testing the product that the Buyer is interested in. The Buyer is liable for all risks of using the products, including expressly the risks of theft, damage and loss. The consignment on inspection will be invoiced to the Buyer if the Buyer has not indicated in writing within 30 days after delivery of the consignment on inspection that he does not wish to keep the consignment on inspection and the consignment on inspection is thus returned to the Seller in its original packaging in good condition, carriage paid.
a) The delivered goods remain the property of the Seller until full payment of the principal sum, and where applicable of the costs and interest. The Buyer may therefore not dispose of the goods that have not yet been fully paid for in any way, in particular, he may not pledge them to third parties or transfer ownership. Nevertheless, the Buyer bears the risk of loss, damage or destruction of the goods from the conclusion of the agreement.
b) Delivery takes place at the risk of the Buyer, who must insure himself against possible damage.
c) The Buyer shall notify the Seller if the goods are placed in a space rented by the Buyer and, if necessary, disclose the identity and place of residence of the lessor.
d) In the event of non-payment of an amount due, a request for a deferment of payment, as well as in the event of dissolution or bankruptcy of the Buyer, the Seller shall have the right to cancel the order or that part thereof that has yet to be delivered and to reclaim the goods delivered by the Seller as its property, without prejudice to its right to compensation.
a) Any intellectual property on documents, designs, proposals, models, etc. drawn up by Helcofloors® shall remain the property of Helcofloors® and may only be reproduced, made public or exploited by the Buyer with the express written consent of Helcofloors®.
b) If a good delivered by the Seller infringes a patent or model right or other intellectual property rights of a third party, the Seller shall, at its discretion and after consultation with the Buyer, replace the good in question with a good that does not infringe the right in question or obtain a licence right in this respect, or take back the good against reimbursement of the price paid, minus an amount for wear and/or age. In any case, the Buyer must inform the Seller in a timely and complete manner of the claims of third parties, on penalty of loss of the right to the above-mentioned services.
In the event that Helcofloors® provides personal data of the Buyer or personal data of third parties by the Buyer, Helcofloors® will process the personal data provided exclusively in accordance with the General Data Protection Regulation and the privacy statement of Helcofloors® (hereinafter: “Privacy Statement”). The Privacy Statement can be consulted on our website: https://helcofloors.be/en/privacy. When entering into an agreement with Helcofloors®, the Buyer acknowledges that he and the third party whose personal data he provides have expressly taken note of the Privacy Statement.
Unless otherwise provided by mandatory law, all disputes between the parties regarding these General Terms and Conditions shall fall exclusively under the jurisdiction of the Courts of Tournai.
All agreements concluded by the Seller shall be governed by Belgian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
