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TERMS AND CONDITIONS OF SALE

    Article 1: Scope of application


    The general terms and conditions of sale apply to all orders for products or services placed with the company “Brasserie de l'ORNE SCRLFS”, BE0699677133, whose registered office is located at rue des trois burettes 55b, 1435 Mont-Saint-Guibert in Belgium, hereinafter referred to as the “Service Provider”.
    The application of these general terms and conditions constitutes a determining condition of the Service Provider's consent. Any order placed implies full and complete acceptance of these terms and conditions.
    These terms and conditions may only be waived by written agreement of the Service Provider. Any waiver by the Service Provider of these terms and conditions shall in no way invalidate the other terms and conditions.

    Article 2: Offer and order

    Our offers are valid for one month.
    2.2. The prices indicated in the offer apply only to the performance of the services described therein, to the exclusion of all other services. If additional services are requested, they will have to be the subject of another offer, which will be subject to the same ordering conditions.
    2.3. The acceptance of the order and the related deadlines will only be taken into account by the Service Provider when the payment of the deposit, if any, is effective.

    Article 3: Prices

    3.1 All our prices are in euros and include VAT.
    3.2. Transport costs are borne by the customer.

    Article 4: Deadlines

    Delivery times are given for information only.
    Delivery of goods or services at a later date than that stipulated shall never give rise to cancellation of the order or contract, nor entitle the customer to any compensation whatsoever. 

    Article 5: Delivery

    Goods brought to our premises by or on behalf of the customer travel at the customer's risk. 

    Article 6: Performance of services

    6.1. The Service Provider undertakes to make every effort to offer its customers a high quality of service.
    6.2. The Service Provider reserves the right to refuse to honour an order from a customer who has not fully or partially withdrawn a previous order or with whom a payment dispute is in progress.

    Article 7: Payment, complaints and non-payment

    7.1. Invoices are always payable in cash, without discount, unless any other due date is expressly stated on the invoice. They must be paid to the credit of the Service Provider's account number IBAN: BE62 7512 0930 8761.
    7.2. The goods remain the sole property of the Service Provider until all outstanding invoices have been paid in full. Any advance payments made shall serve as compensation for costs and loss of profit, without prejudice to any other compensation.
    7.3. Any complaint relating to an invoice must be sent by registered mail to the Service Provider's head office no later than eight calendar days after receipt of the invoice. Failure to comply with these formalities and deadlines will prevent the customer from contesting the invoice.
    7.4. Any delay in payment will result in a first reminder without surcharge.
    7.5. Any delay in payment of more than 14 calendar days after the first reminder shall automatically and without formal notice result in the Service Provider being charged interest of 1.5% per month, plus a fixed and irreducible indemnity of :

    •     20 euros if the outstanding amount is less than or equal to 150 euros ;
    •     30 euros plus 10% of the outstanding amount if between 150.01 and 500 euros;
    •     65 euros plus 5% of the outstanding amount if this exceeds 500 euros (up to a maximum of 2,000 euros).

In addition, the Service Provider is entitled to suspend its guarantee as long as the customer is in default of payment.
7.6. Any bailiff's costs will also be charged to the customer. Legal expenses and any defence costs will also be charged to the debtor.
7.7. In accordance with article 32.15 of the Law of 14/7/1991 modified by the Law of 6/04/2010 to article 74.17 on trade practices, it is specified that the present general contractual conditions are of reciprocal application between the parties.

Article 8: Order cancellation

8.1. Except in cases of force majeure, any cancellation of an order by the customer will not result in the reimbursement of sums already paid, nor in any compensation whatsoever.
8.2. In the event of cancellation of the order, the Service Provider shall be entitled to claim, in addition, any sums already incurred for the purchase of equipment or booking fees. In addition, in the event of cancellation of the order or breach of contract, the customer will be liable to pay a flat-rate compensation of 15% of the agreed price. Furthermore, the amount of compensation may never be less than the agreed price for goods already produced or in the course of manufacture.
8.3. In the event of impossibility, bankruptcy or any other change in the customer's legal position, the contractor reserves the right to consider the contract cancelled by operation of law. 

Article 9: Warranties and limitation of liability

9.1. If the customer considers that he is entitled to contest the quality of the services provided by the Service Provider, the latter must, on pain of foreclosure, do so by registered letter within 8 days of the end of the work.
9.2. Complaints do not suspend the obligation to pay. In the case of non-conforming or defective supplies, our liability shall be limited to the simple replacement of the part which is the subject of the complaint, without any additional compensation of any kind whatsoever.
9.2 In any event, the Service Provider's liability is limited to the amount of the contract, without prejudice to the customer's right to seek legal redress in accordance with article 1184 of the Civil Code.

10. Privacy

10.1. The Service Provider undertakes to process personal data in accordance with the law of December 8, 1992 on the protection of privacy with regard to the processing of personal data, as amended by the law of December 11, 1998.
10.2. At any time and without any justification whatsoever, the customer may object to the processing of his/her personal data by sending a letter to the Service Provider or an e-mail to contact@brasseriedelorne.be.
Article 11: Intellectual property
11.1. All logos, trademarks, photos and models appearing on the documents, regardless of the medium, are the sole property of the Service Provider.
11.2. Any partial or complete reproduction of these logos, trademarks, photos and models, whatever the medium, for commercial, associative or voluntary purposes, is forbidden without the written consent of the Service Provider or the holders of the trademarks or rights attached to these graphic representations.

Article 12: Force Majeure

12.1. Neither Party may be held liable for the total or partial non-performance of its obligations if such non-performance is due to an act of God or the occurrence of an event constituting force majeure, such as, but not limited to, flood, fire, storm, shortage of raw materials, transport strike, partial or total strike or lock-out.
12.2. The party affected by such events must inform the other party in writing as soon as possible of the occurrence of the event.
12.3. The parties agree that they shall consult each other as soon as possible in order to determine together how the order will be carried out during the period of force majeure.

Article 13: Intellectual property

13.1. All logos, trademarks, photos and models appearing on the documents, regardless of the medium, are the sole property of the Service Provider.
13.2 Any partial or complete reproduction of these logos, trademarks, photos and models, whatever the medium, for commercial, associative or voluntary purposes, is forbidden without the written consent of the Service Provider or the holders of the trademarks or rights attached to these graphic representations.

Article 14: Miscellaneous

14.1. The present general terms and conditions and the provisions mentioned on the quotation sent to the customer form a contractual whole and constitute the entire contractual relationship between the parties.
14.2. Any dispute whatsoever must first be the subject of an attempt at amicable settlement before it can be submitted to the Courts and Tribunals.
14.3. Any dispute relating to the validity, interpretation and/or performance of a contract concluded with the Service Provider shall be submitted exclusively to the Courts and Tribunals of Nivelles. The contract is subject to Belgian law.