TERMS OF SALES

Benbo Bv
BTW BE 0833.539.806
RPR Antwerpen

GENERAL TERMS AND CONDITIONS OF SALE

1. Application of the conditions
Unless otherwise agreed in writing, these general terms and conditions of sale apply to all our offers and agreements. They are considered known and accepted by the buyer.

2. Orders
The acceptance of orders will always depend on the delivery options. Prices and delivery times are directive and non-binding. Clauses contained in the purchase order and contrary to these terms and conditions are only eligible after prior written agreement by us. For an order with a value below 500 EUR (excl. VAT) an amount of 18EUR + VAT for small electrical will be charged for freight and handling costs.

3. Deliveries
Unless transported by our own trucks, all shipments are made at the risk and expense of the buyer or recipient. A delay in delivery cannot give rise to the claim of any compensation or refusal to take delivery of the goods. The acceptance and signing of the shipping note by the buyer means, on his behalf, the recognition that the goods have been received in accordance with and in good condition. The seller reserves the right to claim compensation for the damage suffered as a result of cancelation or failure to take the order on time by the buyer. Complaints must be submitted in writing within 5 days of receipt, under penalty of forfeiture. Any return of goods will have to be made “franco” to our address in the original or in a good protected packaging and requires our prior written consent by means of a "retourbon”.

4. Recycling contribution
In accordance with the provisions of the environmental policy agreements on the implementation of the take-back obligation for waste electrical and electronic equipment, concluded between, on the one hand, the Brussels-Capital Region, the Flemish Region and the Walloon Region and, on the other hand, the representative organisations representing industry and distribution, the supplier shall, as a separate item on the invoice, pay the so-called statutory recycling fee, approved by the regional authorities, with regard to the products that fall within the scope of the regional regulations on take-back obligation. The usual discounts, whether or not mentioned in these general terms and conditions of sale, do not apply to these statutory recycling fees.

5. Payment B2B
All invoices are cash payable, either to the financial institution as stated on the official documents of the company. In the event of non-payment or partial payment on the due date, a late payment interest will start to accrue without any reminder from this due date, equivalent to the statutory interest rate increased by 4%. Such a dilapidated invoice has not been paid within five days of the reminder, it will also be increased by a lump sum of 12% and €12 per reminder sent, with a minimum of €62, for compensation. Non-payment of a single amount of money dued on the due date gives rise to the claim by operation of law and without prior notice of all invoices even if they have not yet expired.

6. Retention of title
It has been expressly agreed between the seller and the buyer that, contrary to Article 1583 of the Civil Code, the delivered goods remain the exclusive property of the seller until full payment of the price in principal, any costs and interest. The buyer is obliged to return within 48 hours after notice of default. In the event of alienation of goods not fully paid for by the buyer, the latter automatically and unconditionally transfers his legal claim on his debt claim to the seller. However, all risks relating to the goods pass to the buyer at the time of delivery.

7. Warranty
• We guarantee that the devices are without defects, according to the latest state of the art. Changes in the construction or execution, which do not affect the proper functioning or the value of the goods, do not constitute a defect.
• If the good has defects, our customer service will remedy this defect free of charge within a reasonable period of time or send a necessary part for this purpose. We reserve the right to determine in a reasonable manner how our guarantee obligations will be met. (The finding of the defect, even on contradiction, does not entitle the buyer to withhold all or part of the purchase price). In the event of replacement delivery or take-back, we reserve the right to charge a reasonable fee in proportion to the elapsed period of use. Under no circumstances can compensation arise on the part of the buyer, above the limitations set out in Article 7
• All legal and contractual rights of the buyer, based on a defect of the good expire after a period of 24 months for white goods and small electrical goods after delivery of the goods to the end user. 
• For an appeal to the guarantee, the valid proof of purchase (invoice) with purchase and / or delivery date must be presented.
• Performance of our customer service mentioned in the previous provisions is limited in accordance with the warranty conditions that apply to the device sold.
• We guarantee our devices vis-à-vis the end user, in accordance with the provisions of the warranty conditions that apply to that particular device. The buyer undertakes to inform the end users of the devices about the applicable warranty conditions.
• The buyer is not entitled to compensation, except when the liability is imposed by law. Under no circumstances can compensation exceed the purchase price of the device, unless the legislation grants more extensive rights.

8. Jurisdiction
In the event of disputes, only the courts of the jurisdiction to which the registered office belongs are competent, judging under Belgian law.