General Terms and Conditions
We do not want too many conditions but, for legal purposes, there are some stipulations :-)
Except where expressly otherwise provided in writing, each sale is exclusively subject to the present General Terms and Conditions. General Terms and Conditions appearing on the Purchaser’s documents may not as such be regarded as an exceptional written provision. Any exceptions if necessary granted to these General Terms and Conditions apply only in respect of the sale for which they are granted. Receipt by the Purchaser of documents stating these General Terms and Conditions is taken as acceptance of the General Terms and Conditions on their part. On commencement of the service, contracts are taken as being irrevocably approved.
In principle, delivery is "Ex Works" and in accordance with the conditions set out on the order form. Delivery dates are given purely for guidance.
In principle, all invoices are payable in Euros in Belgium, at the net price and without discount, before delivery takes place. In case of total or partial non-payment of the invoice by its due date, Coolkidz Europe has the right to terminate current contracts without service of formal notice of default; all invoices made out in the name of that client become immediately due and payable. From the due date, all unpaid invoices shall automatically and without service of formal notice of default accrue interest at the rate charged by the European Central Bank for basic refinancing transactions plus 7%, subject to a minimum of 12%. Moreover, in case of non-payment on the due date, a further compensation of 15% of the invoice amount plus, where applicable, the costs of any legal proceedings will be due.
Complaints must be reported in writing within five (5) working days of delivery if they concern the goods, or after the invoice date for all other matters. Unless otherwise specified on the invoice, the invoice date coincides with the delivery date. The Purchaser never has the right to withhold payment in whole or in part in case of dispute for any reason.
5. Ownership and risk
Ownership of goods does not transfer to the Purchaser until payment has been made in full; Coolkidz Europe reserves the right to demand return of goods if necessary. The Purchaser bears all risks from the moment of delivery.
The civil liability of Coolkidz Europe is limited to the price of the purchased products that caused the damage; it shall not exceed the amounts that it receives from its insurers under policies that were in force at the time the order was placed. The liability of Coolkidz Europe is in any case limited to direct damage, with the exclusion of consequential damage.
7. Competent Court
Belgian Law applies to all points not expressly arranged in writing in the Agreement or in the present General Terms and Conditions and to all disputes arising therefrom. In case of dispute, as Plaintiff or Defendant, only the Courts of Law of the Legal Administrative District of the Head Office of Coolkidz Europe have jurisdiction.
8. Non-assertion of rights
The fact that Coolkidz Europe may elect not to assert one or more of any of the clauses stipulated in its favour in the present General Terms and Conditions cannot be construed to mean that it thereby surrenders the possibility of asserting any such provision at some future date.