Terms and conditions
GENERAL CONDITIONS OF SALE dd 15/01/2015
As support for smooth, pleasant and professional co-operation
1. Acceptance of our offers, the placing of an order and/or the acceptance of a confirmation of order commit the customer to tacit and irrevocable agreement with our general conditions of sale, unless an explicit agreement otherwise has been reached.
2. Orders can and shall only create obligations on the part of GOODWILL M&G provided that they are confirmed in writing by GOODWILL M&G in the form of an order confirmation. If GOODWILL M&G does not deliver a part of the order, for whatsoever reason, this does not give the customer any grounds for cancelling the full order.
3. The customer is solely responsible for the accuracy of the texts and graphics which he hands over and/or accepts, as well as for the content, logos, choice of illustration etc. Publications requested by the customer such as logos which are executed in accordance with the customer’s order are and remain the customer’s exclusive responsibility.
4. All drafts, drawings, creations etc. remain the property of GOODWILL M&G.
5. Conditions of payment:
a. Only payments through a deposit in GOODWILL M&G’s bank account release the customer. Cheques are accepted subject to cashing.
b. GOODWILL M&G invoices must be paid in cash. Non-timely payment of invoices lawfully and without notice of default causes them to accrue interest of 1% per month, counting from the invoicing date. They are also increased by a fixed compensation payment of 10%, with the minimum set at 75 euros per invoice.
c. Possible granted discounts expire in the event of non-timely payment.
d. On placing an order the customer must pay a down payment of 25% within a period of 6 weeks. In case of non-observing of this down payment, Goodwill M&G will issue a cancellation fee invoice for an amount of 30%/75% as anticipated in article 14.
e. Goodwill M&G does not refund received down payments. They will be deducted from the final invoice of the goods or from the cancellation invoice.
6. An invoice shall be deemed irrevocably accepted if it is not challenged in writing with justifications included within 5 working days.
7. All shipment and packaging is always done at the customer’s expense and risk.
8. All complaints concerning the delivered merchandise, must be described comprehensively and emailed with pictures to firstname.lastname@example.org within 5 working days following receipt of the goods.
9. Deviations and tolerances:
a. tolerances in the dimensions: if a clearly specified dimension is imposed by the customer, the tolerance can be 5% more or less.
b. tolerances in hue: differences in hue are not a justification for rejecting the manufactured goods, even if these differences occur during the same manufacturing process.
c. tolerance in quantity: the delivery of 10% more or less of the ordered quantity is permitted on the understanding that GOODWILL M&G shall invoice for the eventual number of delivered units.
10. The statement of a delivery date is merely indicative and is not binding. Non-compliance cannot lead to any compensation and/or cancellation of the order.
In the event of force majeure or non (timely) availability of the goods GOODWILL M&G reserves the right to send the goods later than the initially determined delivery date, subject to notifying the customer of this.
11. If damages were caused in the case of product responsibility due to both a defect of the product and an error of the victim or a person for whom the victim is responsible, GOODWILL M&G can only be held responsible for direct damage limited to the value of the sold goods that have allegedly caused the damage.
12. As regards orders for companies or associations, the signatory/signatories is/are liable severally, jointly and/or in solidum.
13. The goods remain the property of GOODWILL M&G until the invoice is paid in full.
14. The customer acknowledges that cancellations of orders lead to minimized sales capacity due to the seasonal character of the goods and the fact that they are highly influenced by fashion trends.
In case of cancellations of the order by the customer after order confirmation, or in case of non-compliance to the payment agreements by the customer, a fixed cancellation invoice shall be issued of:
- regarding Christmas order for the year x: 30% in case of cancellation before 01/07/x, 75% in case of cancellation after 01/07/x
- regarding Spring orders for the year x: 30% in case of cancellation before 01/12/x-1, 75% in case of cancellation after 01/12/x-1
15. Goodwill M&G reserves the right not to reserve the goods ordered by the customer if the customer does not fulfil the conditions of payment, including the payment of a down payment.
If the customer does not make the down payment, GOODWILL M&G reserves the right to execute the order only partially or for the ordered products to be replaced by similar products. Similar products are defined as products with very similar main features, such as principal color and materials, measurements and/or price range. This does not give the customer any reason to cancel the complete order in any case.
If, in case of non-observing of the payment conditions, Goodwill M&G decides to not deliver or to deliver the order only partially, Goodwill M&G will issue a cancellation fee invoice for an amount of 30%/75% of the original order amount or 30/75% of the non-delivered amount, as anticipated in article 14.
16. Christmas orders shall be shipped on 1 December at the latest. An earlier agreed delivery date can only be postponed by the customer provided that the ordered goods can be shipped from the GOODWILL M&G warehouse on 1 December at the latest.
A shipment date after 1 December can only be accepted subject to prior written agreement by GOODWILL M&G.
If the delivery date is postponed unilaterally by the customer to a date after 1 December, this can be viewed as a cancellation of the order by the customer, with the result that Article 14 shall apply.
17. The Courts in Antwerp have sole competence concerning all disputes that cannot be settled amicably. Only Belgian law applies.
GOODWILL M&G bvba
Veldkant 6, 2550 Kontich, BELGIUM - VAT. BE 0429.586.274 - Email: email@example.com - Tel. +3234507300