Terms and conditions
Article 1: Scope
1.1 These general conditions apply to all of our proposals, including offers, and contracts for the delivery and/or manufacture of products and/or the provision of services, unless otherwise agreed in writing with us.
1.2 Only these general terms and conditions apply to all of our offers and contracts, regardless of any (earlier) reference by the buyer to his own or other general terms and conditions. We expressly reject the general conditions declared applicable by the buyer and we have therefore never accepted them.
Article 2: Offer and acceptance
2.1 All our offers, whether presented in the form of special offers or current prices or stock statements, are only indicative and not binding, unless otherwise agreed in writing.
2.2 A contract is deemed to have been formed when we have accepted the offer in writing or performance of the contract has begun.
Article 3: Delivery
3.1 The delivery times mentioned are only indicative and do not constitute a commitment to deliver on the advanced date. The usual tolerance, specific to the nature of the sector, should be taken into account. Any delay can never give rise to repairs, fines or refusal to accept the goods.
3.2 Unless otherwise agreed in writing, delivery takes place either when the goods leave our company or when they leave our supplier's company.
3.3 Product risk passes to the customer when:
the goods are delivered to the customer's delivery address by All That Dance's own means of transport or
when the goods are handed over to the carrier in the case of ex-works shipments.
3.4 We only make replaced materials or products available to the buyer if the latter has expressly requested it when giving the repair order. Otherwise, these materials or products remain our property without the buyer being able to claim any compensation.
3.5 The buyer is obliged to check the delivered goods and the packaging immediately upon delivery in order to ascertain any shortages or damage, or to carry out this check after we have informed him that the goods are at his disposal.
Section 4: Transportation
4.1 The transport of our goods, even if it has been agreed free, always takes place at the risk and peril of the buyer, even if the carrier requires that the consignment notes, transport addresses, etc., include a clause attributing all transport damage to the sender's responsibility.
4.2 In the absence of any other indication communicated to us by the purchaser, the mode of transport (including the consolidated shipment and including the packaging) is always determined by us, but without our assuming any responsibility in this regard. Any specific desiderata of the purchaser will only be acted upon if the latter has declared to bear the additional cost.
Article 5: Price
5.1 Unless otherwise expressly provided in writing, all prices are inclusive of VAT. and without deduction or discount.
5.2 All orders must be accepted by us. Orders taken, offers made by our representatives, only bind us after confirmation from us. Due to the variations that may occur between the transmission of an order and its execution, our prices are non-binding and may be increased or decreased without notice. The elements indicated as being able to be the basis of a price modification are only given as an indication. In this case, the buyer has the right to cancel the order by registered letter within three days of notification of the price increase.
Article 6: Payment
6.1 Unless otherwise provided in writing, our invoices are payable directly on order, either to a bank account specified by us, within the time specified on the invoice, or via Paypal. Offsetting or deduction of any discount is not permitted.
6.2 We have the right at any time to demand advance payment of all or part of the amount due from the buyer or to claim any other form of security. If the buyer does not accede to our request for advance payment or security, the provisions of article 12 of this contract apply.
6.3 In the case of a purchase on account, only possible after prior written agreement from us, payment must be made within 14 days of the date of the invoice, unless otherwise agreed in writing.
6.4 Payments after their due date bear ipso jure, without formal notice, interest calculated on the basis of the published rate applicable to commercial transactions, the amount of all other invoices becoming ipso facto payable without delay and in full right. In addition, in the event of non-payment on the due date, a fixed indemnity equal to 10% of the amount of the invoices will also be due automatically and without formal notice, with a minimum of 75 euros per invoice, as a clause penalty for the costs of extrajudicial collection and contractual damage, without prejudice to other relevant collection costs.
6.5 Payment without reservations, even of part of the amount of an invoice, constitutes acceptance of said invoice. Any down payments will always be accepted subject to all rights and without prejudice. In the event of non-payment when due, as well as when the customer's solvency is compromised, we reserve the right to stop all deliveries. In addition, if a formal notice sent by registered letter remains unanswered for 15 days, the seller is entitled to consider this contract as resolved in its entirety or as broken for the part not yet executed, and this without prejudice to its right to damages equal to 30% of the amount of the invoice as compensation for its disbursements and loss of profit, without the seller having to provide proof of the existence and the extent of the damage. The seller reserves the right to claim performance of the contract and/or to establish its actual damage.
Article 7: Retention of title
7.1 The goods sold by us to the buyer remain our property until the buyer has satisfied all demands of us under this contract or similar contracts, until he has paid the services performed or remaining to be performed under this contract or similar contracts and as long as it has not satisfied the demands on our part due to breaches in the respect of such obligations, including requests for fine, interest and costs.
7.2 As long as he has not complied with the aforementioned demands, the buyer is not entitled to establish on the products delivered by us a right of lien or a right of lien without possession and undertakes to the third parties who would like to obtain such a right on these products, to declare that he is not authorized to establish a right of pledge. The buyer also undertakes not to sign any act by which a lien would be established on the products, in which case the buyer would be guilty of misappropriation.
7.3 In addition to the retention of title referred to in Article 7.1, the buyer undertakes to reserve, on first request to this effect from us, a right of pledge without possession for our benefit and to establish it, for as far as necessary, on the products delivered as property by us to the buyer, as security for all our present and future claims, for whatever reason.
Article 8: Liability
8.1 Without prejudice to the warranty provisions, as set out in article 9, we expressly exclude any further liability towards the buyer for any damage, arising for any reason whatsoever, including any direct damage and indirect, such as consequential or operating damage, except for liability for damage caused by our act or our serious fault or by the act or the serious fault of our workers and/or our auxiliaries.
8.2 If and insofar as our liability is engaged, for whatever reason, it will be limited at all times to the value of what we have delivered, which value will be established using the invoice relating upon delivery, it being understood that we shall be liable exclusively for the maximum amount for which we are insured.
Article 9: Guarantee
9.1 We grant a guarantee on the products delivered by us exclusively insofar as their manufacturer or supplier grants us a guarantee on these products and the manufacturer or supplier honors this guarantee vis-à-vis us.
9.2 Any repairs and/or materials that may qualify for warranty must be paid for immediately, including additional costs such as towing, car, accommodation and interest charges. Reimbursement of any sum is granted only if the manufacturer or supplier concerned agrees to invoke the guarantee, in this case up to the amount, at most, of the amount which will be reimbursed to us by the manufacturer or supplier concerned.
Article 10: Exchange/return of goods
The goods sold by us are no longer taken back or exchanged after the expiry of a period of 15 days of receipt.
Returns are made only according to the procedure below:
You must attach to your package the return form previously completed which was attached to your package, as well as a photocopy of your invoice.
The products must be returned in their original packaging, with their label and any accessories, in perfect condition for resale. They must therefore not have been used, washed or damaged. The return address is as follows: All That Dance, 55, rue Grande – 7330 Saint Ghislain - Belgium
Return shipping costs are the responsibility of the customer.
Article 11: Force majeure
In the event of an extraneous cause – e.g. accidents, lockout, fire, lack of transport equipment, war, strike, natural disasters, exceptional shortage of raw materials and goods, etc. –, even if this foreign cause does not lead to a definitive and/or total impossibility of performance, we automatically have the right to unilaterally suspend or cancel our commitment, after having however informed the customer, and this without be liable for any form of compensation.
Article 12: Suspension and termination
If the customer does not fulfill, does not fulfill within the time limits or does not completely fulfill the obligations arising from this contract or any other agreement concluded with him, if he is declared bankrupt or the procedure for this purpose is pending , if it goes into liquidation, if all or any of its products are seized or its business is shut down, we reserve the right to suspend the performance of our obligations, even if we have begun to perform them, or to terminate the contract or the part of it that has not yet been performed without further formal notice and without any legal intervention being required, without prejudice to any other rights accruing to us.
Article 13: Exemption from liability
13.1 The non-compliance of the delivery and the visible defects must be communicated to us by registered letter at the latest within 48 hours of the delivery, failing which we will consider any complaint as inadmissible.
13.2 Any action based on latent defects must be brought by the buyer within two months of the discovery of the defect, under penalty of which the action will be inadmissible pursuant to article 1648 C.civ. Moreover, on pain of forfeiture, this action must be brought within one year of delivery. In case of liability on our part, it will be up to the buyer to provide concrete proof of the damage.
13.3 If complaints are deemed admissible and justified, our obligation is limited to the replacement or repair of the defective or damaged goods and the loss is capped at the cost price of the goods sold. No other prejudice of the buyer or a third party will give rise to compensation.
13.4 In any event, our liability is excluded when the damage results from the combination of a defect in the product and the fault of the victim or of a person for whom the victim is responsible. If necessary, the buyer undertakes to transmit the special warranty conditions of his supplier/producer to his customers.
Article 14: Applicable law and disputes
14.1 Complaints are only valid if they reach us within 8 days of delivery of the goods. They will not be accepted if they are not sent in writing to the address of our registered office. The filing of a complaint by our customer does not in any way suspend his obligation to pay in accordance with article 6 of our conditions of sale.
14.2 All our contracts are exclusively governed by Belgian law.
14.3 We can only be sued before the court in the jurisdiction in which our head office is established (judicial district of Mons).
14.4 As soon as we act as plaintiff, the courts of the judicial district of Mons or the court of the domicile of the buyer will have jurisdiction, at our discretion.