Article 1 – Identity
These are the general terms and conditions (hereafter referred to as “General Terms and Conditions”) of Two Triangles bv with its registered office at 2600 Berchem, Jan Breydelstraat 44 and registered with the K.B.O. under number BE 0743 805 601 (hereafter referred to as “BUMAN”).
The general terms and conditions apply to all orders and purchases.
Article 2 – Field of application
These General Terms and Conditions as described here apply to every product, every offer, every quotation and every contract concluded with regard to products and/or services offered by us and to all deliveries. Every order implies the acceptance of the General Terms and Conditions.
These General Terms and Conditions constitute the entire agreement between the Customer and us, with respect to the matter contained therein and apply to the exclusion of the Customer’s general terms and conditions.
If at any time one or more provisions of these General Terms and Conditions should be wholly or partially unlawful, void or for any other reason unenforceable, this clause shall be deemed severable from these General Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
You can find the General Terms and Conditions on our website. On request they can also be sent by e-mail.
The English translation of the General Terms and Conditions is provided solely for your convenience and is not intended to modify the terms of the General Terms and Conditions. In the event of a conflict between the English version and the Dutch version, the Dutch version shall control.
Article 3 – Offers – contract
Our offers are purely indicative and without obligation and expire if not accepted by the Customer within 30 calendar days. Tenders only become legally valid as an agreement upon signature of the tender by the Customer and by us.
We reserve the right to refuse an order in case of serious suspicion of abuse of rights or bad faith, or in case of exhaustion of stock of a certain product.
In case of cancellation of the contract before its scheduled delivery date, the cancelling party will have to pay a fixed compensation of 20% of the value of the contract, with a minimum of 500,00 EUR if this occurs more than two (2) weeks before the scheduled delivery date and 100% if this occurs later.
Article 4- Price and payment
The price for our goods/services is the one indicated on the offer and includes VAT. All our invoices are payable within 14 days of receipt, unless the quotation stipulates a different due date. If we ask for an advance payment, we will only start our activities after receipt of the advance payment.
For any delay in payment, the Customer shall be liable, ipso jure and without prior notice, to default interest of 1% per month started, each month started counting as a full month, without prejudice to any damages and costs. Also, by operation of law and without prior notice of default, a fixed compensation amounting to 10% of the invoice amount with a minimum of 250 euros will be payable as a penalty clause, without prior notice of default and on top of the principal sum, the interest on arrears, collection, demand and judicial or legal costs. This damage clause does not affect the obligation to pay the stipulated interest on arrears.
In the event of a dispute, the buyer must protest BUMAN’s invoices by registered letter within fifteen (15) calendar years from receipt under penalty of cancellation.
Article 5 – Duration of the agreement and termination
Our agreements may be entered into as described in our offers. The agreement may at all times be terminated by us unilaterally and without judicial intervention in the event that the Customer is in a state of bankruptcy or judicial composition or in the event that the Customer fails to pay its invoices.
Article 6 – Risk of ownership
BUMAN remains the owner of the products sold until they have been paid for in full. On the other hand, the risk in relation to the products is transferred at the time of sale.
Any transport or shipping shall be at the full expense and risk of the buyer.
Article 7 – No exchange
Purchased products shall not be exchanged or taken back and may not be returned or exchanged without the written consent of BUMAN.
Article 8 – Delivery and delivery period
Products will only be delivered in the countries for which BUMAN provides delivery. BUMAN strives to deliver as quickly as possible.
The delivery times mentioned are not binding, but are given merely as an indication. Delays in delivery and/or execution may never give rise to fines, compensation, dissolution of the agreement or refusal to accept the product.
Article 9 – Intellectual property rights
Our website, logos, texts, pictures, names and in general all our communications are protected by intellectual property rights which either lie with us, our suppliers or other entitled parties.
Intellectual property rights are understood to mean patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.
It is prohibited to use and/or make changes to the intellectual property rights as described in this article. For example, the customer may not copy or reproduce our drawings, photographs names, texts, logos color combination, etc … without our prior and express written consent.
Article 10 – Confidentiality and Privacy
We are the controller of your personal data and process it in accordance with the General Data Protection Regulation;
Article 11 – Liability – complaints, complaint period, legal warranty
The following clauses apply in addition to the legal regulation of liability of parties.
11.1. Liability of BUMAN
BUMAN shall be liable towards the Customer, insofar as Belgian legislation provides for mandatory guarantees for certain goods, for any lack of conformity which exists at the time of delivery of these goods and which manifests itself within a period of two years counting from the date of said delivery and insofar as the Customer has notified BUMAN of this in writing, by registered letter or e-mail, within two months counting from the day on which the Customer has discovered the lack.
BUMAN is in any case not liable for any damage or defect if it was caused by one or more of the following elements (non-exhaustive):
If the client notifies BUMAN of any defect or damage until after the time period provided for in this article, BUMAN shall no longer be liable, unless the defect or damage is covered by statutory warranty provisions from which parties may not derogate by agreement.
11.2. Liability of client
The client is solely responsible for the choice of goods, their storage and/or their use. Prior to ordering, he shall check – if necessary – the compatibility of the desired goods with the goods already in his possession or the size indication/specifications of these goods.
The customer shall – taking into account the technical nature of certain goods sold – scrupulously respect the technical prescriptions and the safety recommendations of the manufacturer, in particular those concerning the storage, the assembly and the use of the goods.
The customer is responsible for the transport of the goods when he/she collects the order from BUMAN.
Article 12 – Force majeure
In the event of force majeure, we shall not be obliged to fulfil our obligations. In such a case we may either suspend our obligations for the duration of the force majeure, or definitively dissolve the contract.
Force majeure is any circumstance outside our will and control that prevents the fulfilment of its obligations in whole or in part. We understand this to include, but not be limited to: strikes, unexpected traffic jams, accidents on European roads, fire, business interruptions, energy failures, disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability of the website at any time, non delivery or late delivery by suppliers or other third parties used, etc.
Article 13 – Jurisdiction and applicable law
Belgian law shall apply to all disputes relating to or arising from our offers and/or agreements. In case of disputes or litigation, only the courts of the judicial district of our registered office have jurisdiction.