General terms and conditions of sale

Only these general terms and conditions of sale apply to all activities between you (hereinafter: “the client”, “the buyer”) and to every order form, agreement and delivery by Garden Trade International BV, with its registered office at Twaalfbunderweg 13, 3740 Bilzen-Hoeselt and registered in the Crossroads Bank for Enterprises with no. 0441.446.505 (VAT number: BE0441446505) and trading under the name “Giardino” (hereinafter: “the seller”, “we”, “us/our”, “G.T.I.”), and therefore also on all sales agreements that you enter into with us via the webshop at www.giardino-online.com (hereinafter: “the webshop”), to the exclusion of the Buyer's general terms and conditions. No deviation from these general terms and conditions can be granted unless such deviation is expressly agreed upon in writing.

The contact details of the seller are:
Garden Trade International BV
Twaalfbunderweg 13
3740 Bilzen-Hoeselt
T +32 (0)89 51 03 60
E website@giardino-online.com

1. These general terms and conditions apply to every order form, agreement and delivery of goods by G.T.I., to the exclusion of the Buyer's general terms and conditions. No deviation from these general terms and conditions can be allowed unless such deviation is expressly agreed upon in writing.
2. The agreed price cannot be adjusted, except for objective reasons that justify an adjustment of the price such as price increases (of materials, raw materials and/or fuels, etc.) in the market.
3. Price quotations are based on the currently valid values of wages and materials. If these undergo changes, we reserve the right to adjust the prices proportionately.
4. The delivery period set by G.T.I. is purely indicative. Delays in delivery can never give rise to any form of compensation.   
5. When goods are sold ex-factory, transport is at the risk of the consignee. By signing the delivery note, the client acknowledges having received all goods and services in good condition.
6. All invoices are payable no later than the due date indicated on the invoice, i.e. a maximum of 30 days from invoice date unless otherwise agreed. A fixed compensation of 10%, with a minimum of 150 €, as well as interest on arrears in the amount of 1% per started month, without prejudice to collection costs and legal fees, shall be due on any unpaid invoice from the due date, ipso jure and without notice.
7. Protests against the invoice must be made in writing within 10 days of the invoice date. One is requested to always mention the date and number of the invoice.
8. Any complaints concerning the invoices must be communicated to G.T.I. in writing with reasons no later than 7 days after receipt of the invoices. After expiry of this period, the invoices are deemed to have been accepted. In case of non-payment of past due invoices, G.T.I. has the right to demand from the Buyer the immediate and full payment of all amounts due and to convert the payment condition to prepayment, including the invoices not yet due.
9. The goods and materials delivered by G.T.I. remain the property of G.T.I. until full payment of the agreed price in principal and accessories and this even in the hypothesis that these goods and materials have already been processed.  Any additional costs of loss and destruction shall be borne by the Buyer.  In case of resale, the Seller retains the possibility to claim the sum corresponding to the value of the resold goods. The retention of title shall be transferred on the resale price.
10. When goods are sold ex-factory, transportation is at the risk of the consignee. By signing the delivery note, the client acknowledges having received all goods and services in good condition and any visible defects are covered. When G.T.I. is responsible for the delivery of the goods, in order to be valid, any complaints regarding visible defects must be notified in writing within 48 hours of delivery at the latest with a clear description of the complaints.  At the end of this period, the goods delivered shall be deemed to be in conformity and definitively accepted. Once the goods have been delivered, the buyer shall bear all risks, including cases of force majeure and destruction, and the burden of storage.
11. For pickups, the goods are prepared by G.T.I. at 3740 Bilzen-Hoeselt, Twaalfbunderweg 13 or otherwise stated on the order confirmation. After registration, the collector will be directed to the designated collection area. The collector may not leave this area until the entire pickup procedure has been completed. The order can only be picked up when all payment requirements have been met.
    G.T.I. shall only be liable for damage to the packaged order caused during the loading of this order into the means of transport using a forklift or pallet truck driven by a G.T.I. employee. With any other method of loading, the responsibility for both the goods and the loading itself lies with the collector. After loading the packed order into the transport vehicle, the collector is fully responsible for both the goods and the vehicle. The transportation itself is always done at the collector's expense and risk. The collector must at all times comply with the legal regulations governing the loading and transportation of goods.
12. Complaints concerning any hidden defects must in any case be reported in writing to G.T.I. by the Buyer within 14 days after he/she has discovered these defects or could reasonably have discovered them. A legal claim can only be lodged up to a maximum of 6 months after the discovery of such hidden defect, under penalty of inadmissibility.
13. The liability of G.T.I. with regard to materials and raw materials used is limited to the guarantees provided by the manufacturer/supplier. The liability of G.T.I. is in any case limited to repairing foreseeable and direct damage, to the exclusion of all indirect damage.
14. In the event of cancellation of the order, the Buyer shall owe flat-rate compensation of 30% of the total agreed price, subject to G.T.I.'s right to claim higher compensation should the damage suffered be greater. In the event that G.T.I. fails to fulfill its commitments to the Buyer or is in default, the Buyer shall be entitled to equivalent compensation.
15. The Buyer to whom the goods are to be delivered guarantees the proper accessibility of the location. All facilities necessary to deliver the goods safely and without risk of damage must be provided by the Buyer. G.T.I. cannot be held liable in any way and reserves the right to refuse delivery if it judges that the delivery cannot be made without risk of damage. Any futile transport costs shall be borne in full by the Buyer. For home deliveries, the shipment will be delivered up to over the first private threshold of the agreed delivery address and not further into the living space, residential floors or garden.
16. If after the order and before delivery, negative information is brought to G.T.I.'s attention concerning the Buyer's financial situation, G.T.I. has the right to demand additional payment guarantees from the Buyer or unilaterally cancel the order. In this case, the Buyer shall not be entitled to any form of compensation. 
17. All agreements concluded by G.T.I. are governed by Belgian law. In case of disputes, only the Court of Tongeren is competent.