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Terms & Conditions

1 ) These general terms and conditions of sale shall govern all business transactions between the parties unless otherwise agreed in writing. The placing of an order implies that the client has irrevocably accepted these present terms and conditions and that he expressly waives the right to enforce his own terms and conditions of purchase and sale.

2) Descriptions and illustrations in catalogues, magazines and other documentation at trade fairs and shows have no contractual value whatsoever and are only indicative, including the price lists. They do not constitute a binding offer. Reasonable deviations between models displayed or illustrated are accepted by the buyer without compensation, price reduction or right to dissolve the purchase. Only the prices included in the offer or order confirmation are binding as well as the articles as included in the order confirmation. The customer has to check the order confirmation and must notify any corrections within 24 hours.

3) An offer formulated by the seller remains valid for 30 days and is only binding if it has been signed by the manager except if stated otherwise. The customer places an order by accepting an offer drawn up by the seller. The order confirmation drawn up by the seller is binding. Mistakes in the order confirmation must be notified within 24 hours. Depending on the product, tailored products and the start-up of the production, the seller can claim compensation amounting to between 10 and 50% of the amount of the order.A signatory who, in his own name or in the capacity of a mandatory, places an order or a party who pays the order in whole or in part even at the expense of third parties warrants the performance of these third parties and undertakes to be jointly and severally liable with them, all this according to Sections 1120 et seq. of the Belgian Civil Code and 1200 et seq. of the Belgian Civil Code.

4) The goods shall always be deemed to have been sold, delivered and accepted at our warehouses. As a result, all transport costs and risks shall invariably be borne by the buyer. Unless explicitly otherwise agreed, the delivery will be 'EX WORKS' from the warehouse where the respective goods were stored by Bellino lighting for the benefit of the customer and at the expense of the customer. (Incoterms 2010)
If it was explicitly agreed that Bellino lighting would take care of the transport of the goods sold, the transport manner, dispatch, packaging and the like will - if no further instructions were given by the customer to Bellino lighting. In that case the risk of storage, loading, transport and unloading will rest with the customer and Bellino lighting cannot be held liable for this under any circumstance whatsoever. The customer is free to take out insurance against these risks. If the parties agreed a different way of delivery, this different arrangement will only be effective with regard to this individual agreement and not also to any subsequent agreement between the parties.

5) Our delivery lead times are given for indicative purposes only. Delays in delivery shall not entitle the buyer to rescind the contract at our expense or to seek damages. Events of force majeure shall release the seller from his obligation to perform the contract.

6) Goods shall be paid for cash on delivery at our warehouse or upon presentation of our (proforma) invoice. Invoices that are not settled upon presentation shall automatically and without formal notice incur moratorial interests at the rate of 1 % per month.

7) The customer is obliged to take receipt of the goods delivered by Bellino Lighting at the agreed time and to provide the necessary space so that the goods can be delivered. Any visible defects must be stated on the delivery note or be notified in writing to Bellino lighting at the latest within a period of 8 working days and the customer must give a detailed description of the defects. The use by the customer of the goods delivered implies the irrevocable acceptance of them. Complaints are no longer accepted when they are submitted after the periods referred to above. The warranty obligation of the seller with regard to defective goods is in all cases limited to replacement of these defective goods by goods in a good condition or, at the seller's discretion, a refund of the price of the defective goods. The seller is not obliged to pay any other compensation due to direct or indirect loss and the buyer indemnifies the seller against any claims by third parties in this connection.
Defective goods can only be returned provided the seller has given its explicit written consent after the seller received the fully completed return document from the buyer. Returns must be notified through info@bellinolighting.com provided with images. Goods returned and replacement goods are carried at the expense and risk of the buyer. The goods delivered shall only be fitted by a recognised and registered fitter. If this cannot be demonstrated, a complaint can never be accepted as justified.

8) In the event the buyer were to default on the performance of the contract in any other way, including default of payment (non-payment or late payment), the client shall automatically and without formal notice be liable for fixed damages at the rate of 15 % on the principal, with a minimum of 250,00 EURO.

9) All agreements to which these General Conditions apply, as well as all other agreements arising from them, are exclusively governed by Belgian law. The applicability of the Vienna Sales Convention of 11 April 1980 is explicitly excluded. Any disputes between the parties with regard to agreements subject to these General Conditions, are exclusively covered by the jurisdiction of the courts in the district court of Kortrijk.

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Bellino Lighting BVBA

Verzetslaan 21
8552 Moen-Zwevegem
Belgium

0032 56 210699
  0032 56 220277
BTW BE0841626834
info@bellinolighting.com

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