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General terms of ordering and sale

  1. These general terms of ordering and sale apply to any and all agreements, quotes, offers, order confirmations, invoices and credit notes applicable between Studio Pieter Stockmans BV, C-Mine 100/2, 3600 Genk, and registered in the Crossroads Bank for Enterprises under number 0431.060.080 (hereinafter referred to as ‘Seller’) and any natural person or legal entity (hereinafter referred to as the ‘Client’), unless explicitly agreed otherwise in writing. A Client who acts for purposes outside its trade, business, craft or profession (in other words, a consumer within the meaning of article I.1,2° WER) is hereinafter referred to as a “Client-consumer”.
  2. Unless stipulated otherwise, the goods and services are sold and delivered at our statutory seat. Our offers remain valid for 4 weeks, unless stipulated otherwise. An agreement shall be established by written (order) confirmation from the Seller (which includes a confirmation by e-mail). Price quotations are for information purposes only. The amounts presented by the Seller in the (order) confirmation are based on the prices, exchange rates, wages, taxes and other price-related factors that applied at the time of the (order) confirmation. If any of said price-related factors should change after the (order) confirmation has been issued, the Seller is entitled to adjust the agreed price accordingly. The Seller will inform the Client thereof without delay. If, pursuant to the present article, a price increase is implemented and such increase exceeds 10% of the total agreed amount, the Client is entitled to terminate the agreement in writing within eight calendar days after it is or could have been aware of said price increase.
  3. The Client acknowledges that the products are handcrafted. Examples or samples of the products give, at best, an approximate image of the product and are never binding. Furthermore, all indications in offers, quotations or agreements, as well as in the annexes thereto, such as images, drawings, weights, dimensions, capacities, colours and other data, are only approximate. Deviations in the product are consequently not at the Seller’s expense and risk.
  4. All agreements are entered into subject to sufficient stock. If fewer products or raw materials are available, or if the products are of a lower quality at the time the contract is concluded than could reasonably be expected, the Seller shall be entitled to reduce the quantities it sells accordingly. By supplying the quantities thus reduced, the Seller shall fulfil its obligation to deliver.
  5. The Seller is entitled to refuse delivery of the goods, that are sold or have to be repaired, until all due invoices are paid by the Client.
  6. Until payment in full has been received by the Seller, the goods shall remain the Seller’s property, even if they have been delivered and/ or incorporated.
  7. The Seller’s invoices are payable cash at our statutory seat within thirty (30) days of the invoice date, unless other payment conditions are agreed in writing. Invoices that have not been contested by registered mail within eight (8) calendar days following their transmission shall be deemed to have been accepted unreservedly.
  8. If a Client fails to pay the invoice on its due date, the Client shall be required to pay, in addition to the principal sum, interests at a rate of 10% per annum and a fixed compensation of 10% of the invoice amount, with a minimum of 75 euro. These interests and damages are due automatically and without prior notice. The Client-consumer shall be entitled mutatis mutandis to the same default interest and indemnification.
  9. Due to the artisanal production method, the delivered quantity of products may vary by 10% in minus or plus, whereby only the actual quantity have to be paid by the Client.
  10. All delivered goods must be checked by the Client on visible defects and flaws upon delivery. In order to be valid any complaint for visible defects or flaws must be made in writing at the moment of delivery. Complaints regarding hidden defects, which manifest themselves within one (1) month after the delivery of the goods, must be reported to the Seller by means of a motivated registered letter at the latest eight (8) calendar days after discovery of the defect or after the defect should reasonably have been discovered. Any complaint after this period is in any case inadmissible. This article is without prejudice to the legal guarantee applicable to the Client-consumer.
  11. The agreed terms of delivery and repair are not binding and merely indicative.
  12. In case the Client fails to comply with his obligations or in case he does not accept the goods, the Seller is entitled after written notice, to demand forced execution of the agreement with all financial consequences as described in article 8 or to demand termination of the agreement. If the Client wishes to cancel an order, it must submit a written request to the Seller no later than thirty (30) days prior to its delivery. The Seller may refuse the request for cancellation. In such event, the Client is obligated to accept the order and pay the price. If the Seller agrees in writing to the cancellation request, the Seller shall be entitled to compensation estimated at a minimum of 30% of the price (without deduction of any advance payments already made), without prejudice to the Seller’s right to prove any higher damage. Products manufactured according to the Client’s specifications (customized products) cannot be cancelled by the Client and must be paid in full. In any case, any advanced payments remain acquired by the Seller and are not refundable. This article shall not affect the Client-consumer’s legal right of withdrawal. Client-consumers have the right to withdraw the order of certain products in writing within a period of 14 days, without giving any reasons. The right of withdrawal does not apply to customized products. The withdrawal period starts on the day after the Client-consumer receives the product. During the withdrawal period the Client-consumer will handle the product and packaging with care. The Client-consumer will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If the product is damaged due to careless handling or by treating the product in a way that goes beyond what was necessary to determine the nature and characteristics of the product, the Client-consumer is liable for any decrease in value of the product. In case of withdrawal, the Client-consumer shall return or hand over the products to the Seller. The Client-consumer shall bear the costs for the return of the products 
  13. All intellectual property rights vested in the products developed, produced and / or sold by the Seller, remain the sole and exclusive property of the Seller, including but not limited to copyrights, trademark rights, drawing and design rights, trade name rights, etc. The Client undertakes to respect the Seller’s intellectual property rights at all times and, if possible, always mention the Seller’s trademark.
  14. All the agreements entered into with the Seller and any disputes associated therewith shall be governed exclusively by Belgian law under exclusion of the Vienna Convention. Any disputes arising from the agreement or from these general terms of ordering and sale, which form an integral part thereof, shall be decided exclusively by the competent courts of the judicial district of Antwerp, section Tongeren. Disputes with a Client-consumer shall be settled by the court of the Client-consumer’s domicile.

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