General terms and conditions of sale
Article 1: General conditions
Unless otherwise stated, our sales are governed exclusively by our general terms and conditions of sale, notwithstanding any stipulation to the contrary appearing on any document or correspondence from the buyer.
Article 2: Orders and offers: acceptance – cancellation
The buyer transmits their order to the seller who must accept it so that a contract can be established. In the event of a cancellation of an order by the buyer, for one reason or another, we may either require the acceptance of the goods and their full payment, or demand compensation of 50% of the value of the order (including VAT), unless we prove that our damage is higher.
Article 3: Delivery time
Our delivery times being communicated for information purposes only, and depending on the delivery times of our suppliers, may at any time, without prior notice be extended. The delay in delivery cannot lead to the cancellation of the contract by the buyer, nor any right to damages.
Article 4: Shipping – insurance
Unless expressly stipulated in writing by us, the goods are transported uninsured at the buyer’s sole cost and risk, regardless of the mode of transport or delivery conditions, both in Belgium and abroad.
Article 5: Compliance of execution – claim – return of goods:
Upon receipt of your delivery, Boost up advises you to immediately check your goods based on the delivery note and your purchase order. Irregularities (sizes, colors, models, quantity, …) must be reported to us within eight days from the date of delivery. We also agree to deliver your orders to third parties. They are also required to check the goods. If irregularities are reported AFTER transformation or beyond this deadline, Boost up no longer accepts any complaints. After validation of the order, any cancellation or exchange, even partial, incurs fees: The recovery costs are borne by the customer.
Administrative costs are also calculated as follows:
– Return within 7 days delivery date: 10% of the value of the goods with a minimum of 15 euros
– Return within 14 days delivery date: 15% of the value of the goods with a minimum of 20 euros
– Return within 30 days delivery date: 20% of the value of the goods with a minimum of 25 euros
– Return with a maximum of 30 days: 25% of the value of the goods with a minimum of 30 euros.
– No resumption after 30 days.
A cancellation must always have been accepted beforehand by Boost up. The customer must provide us with the details of the returned goods (item description, reference, color, size, quantity, as well as the invoice number), otherwise the return will not be accepted. Any merchandise not mentioned or not corresponding to the return conditions will not be taken back and returned to the client at his expense.
Are neither taken back nor exchanged:
-°© Samples, open packages, individually packed items without their original packaging.
-°© Clearance items. They are deliverable until stock is exhausted.
-°© Products stopped by our suppliers or replaced with new models.
-°© No transformed, embroidered or screen printed items will be taken back.
-°© Products that have been invoiced with an exceptional discount.
-°© Products no longer in the current collection.
-°© Dirty, wrinkled products.
-°© No rework after 30 days.
Article 6: Suspension and cancellation of the contract
The non-performance by the buyer of the obligations provided for in this contract or any other contract concluded with our company automatically suspends the execution of our obligations. In this case, we have the right to terminate the contract without prejudice to our right to damages. Such a termination attributable to the buyer will in any event result in the application of the penalty clause contained in article 9.
Article 7: Exemption – force majeure
We reserve the right in case of leave, strike, war, riot, flood, fire, freeze, transport difficulties, tool accident, lock out or any other case that prevents or makes it difficult to perform our obligations to consider these facts as cases of force majeure allowing us to suspend or terminate the current contract. This will not result in any right to damages on the part of the buyer.
Article 8: Price
All our sales prices are provided for information purposes only. They can be reviewed automatically, and upon prior notice from us, in the following cases: rising prices of raw materials, increase in wages and change in exchange rates following the revaluation of the foreign currency prices in which our raw materials are traded. This list is not exhaustive. Our products and services are invoiced according to the prices and price lists in force on the date of delivery, except for contracts and orders explicitly concluded at fixed prices.
Article 9: Payment
All our invoices are payable in cash in Brussels, as the issue of bills does not constitute a derogation from this clause. Payments are always made in settlement of the oldest debt, and as a priority, are charged against interest on late payment and possible costs including the penalty clause. Any payment not made on the due date will automatically and without prior notice incur interest of 12% per annum from the due date. In case of non-payment of the invoice on the due date, all terms and deadlines may be granted immediately, with the amounts due or to become due becoming immediately payable. In case of non-payment of the invoice at its due date, its amount will be increased by a fixed and irreducible compensation of 15% of the amount to be paid with a minimum of €65, without prejudice to our right to judicial interests and costs of any lawsuit.
Article 10: Reservation of ownership and resale
The goods remain our property until full payment of all amounts due and in case of payment by check or bill of exchange, etc … until the cashing of these. We are entitled to request possession of the goods within 24 hours of the buyer’s formal notice. In the event of resale of goods, whether or not transformed, belonging to the seller, the buyer shall immediately assign to him all claims resulting from their resale. The advance payments may be kept to cover any losses on resale.
Article 11: Absence of waiver
The fact of not having exercised one of the rights set out in these general terms and conditions of sale, or of not having required a strict application by the buyer of one of said obligations or stipulations, will not constitute a waiver by our company to subsequently demand the application of these stipulations or obligations. The possible cancellation of one of the clauses of these general conditions of sale in no way affects the validity of the other clauses.
Article 12: Assignment of jurisdiction
Disputes directly or indirectly related to the interpretation and/or execution of these Terms shall be governed by Belgian law. In case of dispute, the courts of the district of NIVELLES are only competent.