GENERAL TERMS AND CONDITIONS OF SERVICE AND SALE OF CAFES VANHOVE SRL
(CAFES VANHOVE SRL - B.C.E.: 0401.569.112 - the "Company")
- APPLICATION OF GENERAL TERMS AND CONDITIONS -
ENFORCEABILITY
1.1. Adherence - The customer acknowledges having read and
adheres to these general terms and conditions, which are appended to the
quotation issued by the company and are available on the company's website
via the link https://cafes-vanhove.be/conditions-
dutilisation/ . Acceptance of the quotation, whether express or tacit, on which
express reference is made to these terms and conditions,
implies the customer's irrevocable acceptance of them.
1.2. Scope of application - The present general terms and conditions are
applicable, unless otherwise expressly stipulated in writing by the Company,
in the case of offers and contracts for the provision of services,
rental and sales of products concluded within the framework of the Company's
commercial activities.
1.3. Customer's general conditions - The Company declines all
conditions or stipulations appearing on documents issued by its
customers or principals. The present general terms and conditions apply
alone, unless otherwise expressly stipulated in writing by
the Company in its order confirmation. Consequently,
the placing of an order implies, on the part of the
customer, pure and simple acceptance of the present
terms and conditions.
1.4. Modifications - The Company reserves the right to modify
periodically, unilaterally and without prior notice the
general terms and conditions of service and sale, for example to adapt them to
legislative and regulatory changes. - PURPOSE
2.1. Rental of furniture and services - the Company
proposes to make available to the customer, in return for the payment
of a rent, coffee machines, accessories facilitating the
consumption of coffee and other foodstuffs, and this, for the
duration referred to in the special conditions (quotation or other)
sent to the customer and known to the latter. Unless otherwise specified
in the special conditions, the Company will install the furniture and/or
accessories in the place where it will be displayed by the customer. The parties
may extend the rental period by express written agreement
. Services are provided at the location indicated in the
special conditions, unless otherwise expressly specified in writing.
2.2. Sales - The Company has been a Belgian master roaster since 1954
and sells coffee, tea and other accessory products that
enable or facilitate the consumption of tea and coffee. The
Company also offers, within the framework of a
contractual relationship of indeterminate duration (unless otherwise stipulated in the
contract concluded with the customer), on a principal basis, the sale of coffee and
tea (as well as other ancillary foodstuffs) and, on an ancillary basis, the
delivery of these products to the Customer's home (hereinafter, the "
Subscription Formula"). - PRICES AND PAYMENT
3.1. Offer - Only a firm offer sent by the Company to a designated customer
binds the Company for a period of 15 days from the date
of dispatch of the offer, unless a longer period is indicated in the offer.
3.2. Order - All orders, unless they follow a written offer
from the Company, accepted without reservation or modification by the
customer, are only binding on the Company after written acceptance. Contracts
are always deemed to have been concluded at the Company's head office.
3.3. Prices - With the exception of the Subscription formula, services and
products are sold at the prices in force at the time of the order
as indicated in the Company's price list (available at
or on the Company's website) or in the
special conditions of the contract concluded with the customer. In the event of the conclusion
of a Subscription Formula contract with a customer,
services and products are sold at the prices in force at the time of
delivery. In the latter case, the customer will be regularly informed
of changes in the prices of products and services offered by the
Company.
Unless the customer is a Consumer, the Company's prices
are exclusive of VAT and exclude any taxes, duties or other indirect
contributions that may be due in application of Belgian or
foreign legislation.
3.4 Guarantee - The Company may require the deposit of a guarantee, the amount of which
is fixed by the Company according to the value of the rented equipment. This
amount must be paid to the Company or blocked by a
credit card when the furniture and/or equipment is handed over. The guarantee will be
transferred/unblocked to the customer at the same time as he returns the
furniture and/or equipment rented in the same condition as he received it from the
Company.
3.5. Payment - Unless otherwise stipulated in writing, the full price of
sales, rentals and services (as well as the warranty) is payable
upon issue and dispatch of the Company's invoice on the day
preceding installation of the furniture by the Company or delivery of the
products sold.
3.6. Late payment by a consumer - any invoice
sent by the Company to a consumer which remains unpaid, in
whole or in part, will be due and payable, as soon as due and within a period of
14 calendar days, starting on the 3rd working day following dispatch
of a first free payment reminder if sent by
post, or on the 1st working day following dispatch of a first free payment reminder if sent by
e-mail,
of default interest at the rate of 10% per annum. In addition, a flat-rate
indemnity may be claimed, within the same period, on the basis of the following
scale: (a) For all debts less than or equal to €150: €20
(b) For all debts between €150.01 and €500: 30 €
plus 10% of the amount due on the slice between €150.01 and €500
(c) For any debt over €500: 65 € plus 5% of the
amount due on the slice over €500 with a maximum of
2000 €.
3.7. Late payment by a company - any invoice sent
by the Company to a company (a non-consumer) remaining
unpaid, in whole or in part, one month after its due date, will be
productive, from the due date and without the need for formal notice
, of default interest at the rate provided for in article 5 of the law of August 2
2022 concerning the fight against late payment in
commercial transactions. In addition, a flat-rate indemnity for
administrative costs may be claimed, without prior
formal notice, on the basis of the scale below:
| Amount due in principal | Rate of penalty clause | Cumulative amounts |
| from € 1 to € 4,000 | 10,00% | 400 € with a minimum of 40 € |
| from € 4,000.01 to € 12,500 | 7,50% | 1.037,50 € |
| from €12,500.01 to €25,000 | 5,00% | 1.662,50 € |
| from € 25,000.01 to € 50,000 | 2,50% | 2.287,50 € |
| from €50,000.01 | 1,50% | with a maximum of € 2,500 |
- SERVICES AND DEADLINES
4.1. Accessibility - The place where the rented furniture is to be installed must be
made accessible by the customer, to allow the normal performance of
services, without danger. The customer is also responsible for
removing or protecting personal belongings in rooms on the
route of the Company's employees. If necessary, the customer will take
administrative steps to reserve a sufficient number
of parking spaces in the immediate vicinity of
the equipment unloading area. Unnecessary
travel expenses and excessively long waiting times may be invoiced to
the customer on the basis of an hourly rate of €50.00 per Company employee.
The customer shall provide the Company, at its own expense, with access to water and
electricity.
4.2. Retention of title and risks - The Company retains
ownership of the furniture it makes available to customers within the
framework of a rental. In the event of the sale of furniture and/or
goods, they remain the property of the Company until
full payment of the price. The risks of deterioration or
disappearance are borne by the customer from the time the
goods are dispatched to the place of delivery. Deposits may be
retained to cover any losses.
4.3. Delivery times - Unless explicitly mentioned by the Company in
the offer or order form, delivery of goods takes place
within 30 days of acceptance of the offer or of the
order if the customer is a consumer. If the customer is a
company, the Company undertakes to deliver the goods within a
reasonable period. Unless otherwise agreed in writing, deadlines are
always calculated in working days.
4.4 Force majeure - Deadlines are in any event stipulated as
subject to force majeure or any other cause
libératoire. The Company will be partially or totally discharged
from its obligation to deliver in the event of force majeure. Force majeure includes, but is not limited to
war, the
threat of war, unrest, destruction by fire or any other cause, partial or complete paralysis of traffic,
judicial or governmental decisions, total or
partial failure of the
Company's suppliers, subcontractors or agents, strike, lock-out, disruption of internal
organization or stoppage of production, bad weather or adverse
climatic conditions; frost, exceptionally wet weather,
fire, flood, pandemic as well as any event which
prevents or delays the execution of work or any event. - WARRANTIES AND LIABILITY
5.1. Legal consumer guarantee - For a period of
two years from the date of delivery, the Company guarantees, when the customer
is a consumer, the defects of conformity of
consumer goods sold to the customer. Under penalty of forfeiture, the customer
consumer is obliged to inform the Company of the existence of the
lack of conformity within two months of the day on which he/she noticed
the defect.
5.2 Warranty for latent defects - The non-consumer customer or the
consumer customer after the aforementioned period of two
years, may call upon the Company's warranty due to
the existence of venial latent defects under the applicable common law
. However, the Company may only be held liable for latent defects
if it is established that the furniture and
goods delivered contain a defect that could not be detected upon
receipt of said furniture and goods. In this case,
must be brought, on pain of foreclosure, no later than two months after
the customer's discovery of the defect. The warranty is
subject to (i) full payment of the Company's invoices and (ii)
the performance of all maintenance and repair work by the
Company, to the exclusion of third-party intervention. Where the quality of
goods is in question, the Company's liability is
limited in all cases to the pure and simple value of the defective
goods, to the exclusion of any other consequential damages.
5.3. Limitation of the Company's liability - The liability of
the Company for apparent or hidden defects in furniture and/or
goods is limited to the invoiced price of the non-conforming or defective furniture and/or
goods. In all cases where the Company's
liability is established, it will be limited to the customer's direct and foreseeable
damage.
5.4. Deterioration of the furniture and/or equipment rented - in the event of
deterioration of the furniture and/or equipment rented to the customer, the Company
may claim from the customer reimbursement - and/or withhold part
of the guarantee constituted in accordance with article 3.4 where applicable
- of the costs necessary to repair the furniture and/or equipment
or, where repair cannot reasonably be carried out, the
cost of replacing the damaged furniture and/or equipment. - END OF CONTRACT
6.1. Customer's right of withdrawal - If the contract is concluded with a
consumer customer at a distance or off-premises, the latter
has a right of withdrawal of fourteen days, from the day
of the conclusion of the contract (or of delivery in the case of the sale of a
good without installation) to notify that he withdraws from the contract. The customer does not have to
specify the reasons for withdrawing from the contract. Notification of
withdrawal may be made by registered letter addressed to
Company headquarters, using the form in the appendix. The
Company may only commence performance of its services after
the expiry of the statutory fourteen-day withdrawal period.
6.2. Right to suspend and terminate the Subscription package
- the customer may terminate the Subscription package without notice and without incurring any costs or damages
by simply notifying
Société in writing.
6.3. Compulsory performance/resolution/termination - If the customer refuses, outside
the right of withdrawal, the supply of goods and/or
furniture or the provision of agreed services, the Company shall be
entitled to demand performance in kind of the contract. However, after
formal notice to accept delivery of the goods and/or
furniture or the provision of the agreed services has remained without effect
for a period of fifteen calendar days, the Company may
cancel the contract to the detriment of the customer. The Company may claim, as
additional damages, an amount equal to 25
% of the sale price or of the services provided. Conversely, in the event of
termination of the contract to the Company's detriment, the customer may
claim, if and only if he is a consumer, a lump-sum compensation
equal to 25% of the price of the sale or services. - APPLICABLE LAW / COMPETENT COURTS
7.1. Applicable law - Any dispute relating to the validity,
interpretation, performance or non-performance, or termination of the
agreement (as well as any amendment and/or any rider that may be
concluded during the performance of the agreement) and its consequences, will be
exclusively governed by Belgian law.
7.2. Amicable solution - The parties shall endeavour to resolve
amicably any dispute or litigation arising in connection with
the performance of the agreement.
7.3. Competent court - Failing amicable settlement, the parties
will submit their dispute to the courts of the judicial district
of Hainaut, Charleroi division.
Date + "read and approved" + customer signature:
Appendix: MODEL RETRACTION FORM
(Please complete and return this form
only if you wish to withdraw from the
contract).
For the attention of [the company here inserts its name,
geographical address and e-mail address]:
I/We () hereby notify you ()
of my/our () withdrawal from the contract for the sale of the goods ()/provision of services () below: Ordered on ()/received on () Name of consumer(s) Address of consumer(s) Signature of consumer(s) Date
(*) Delete as appropriate.