Terms and Conditions

GENERAL TERMS AND CONDITIONS OF ROOSBROECK, SANDY (CATZ ‘N WOOD)

last modification: November 21, 2023

  1. Scope

1.1 These general sales conditions of ROOSBROECK, SANDY (hereinafter referred to as “Catz ‘N Wood”), located at Van Merodestraat 1, 2440 Geel with enterprise number 0629.579.983 (hereinafter “Conditions”), apply to all quotations, offers, works, performances, and agreements (also at a distance) between Catz ‘N Wood and the customer (hereinafter “Customer”) in a B2C context, unless expressly agreed otherwise.

1.2 These conditions constitute and govern the entire agreement between Catz ‘N Wood and the Customer, regarding the entirety of the assignment(s) requested and entrusted to us. These conditions are deemed accepted upon the Customer’s signing of the order form, quotation, or agreement, irrespective of any prior correspondence and regardless of any other conditions or any documents of any kind from the Customer.

1.3 Disclosure of these General Terms and Conditions is made by mention by Catz ‘N Wood. The Customer has the opportunity to view the General Terms and Conditions at any time, either online or in writing. In case of poor readability or incompleteness, these can be provided upon request (via email: info@catznwood.be) by Catz ‘N Wood to the Customer.

1.4 If the conditions are drawn up or translated into a language other than Dutch, the Dutch version always prevails.

1.5 Deviations from these Conditions are only binding on Catz ‘N Wood if Catz ‘N Wood has expressly and in writing accepted them. In that case, the other provisions of these Conditions remain fully applicable. The Customer cannot derive any rights for other or future transactions from agreed deviations.

1.6 The possible invalidity or nullity of a provision of the agreement and/or these Terms does not affect the validity of the remaining part of the agreement/Terms. In place of the invalidated or nullified part, what would have been agreed upon by the parties in a legally permissible manner, considering the invalidity or nullity, will apply.

2. Establishment of the Agreement

2.1 Each quotation is valid for 30 calendar days from the date of the quotation and expires automatically after this period, unless otherwise specified by Catz ‘N Wood in the quotation. The validity period is also limited by available stock. Quotations do not automatically apply to future orders. The acceptance of the quotation by written or verbal agreement of the Customer within its validity period concludes the agreement.

2.2 Catz ‘N Wood has the right at any time before the Customer’s acceptance of the quotation to correct errors in the quotation or withdraw the quotation. Catz ‘N Wood cannot be bound by its quotations if the Customer can reasonably understand that the quotation, or any part thereof, contains an obvious mistake or clerical error.

2.3 Quotations are personal and cannot be disclosed to third parties without Catz ‘N Wood’s permission, nor can third parties rely on their content.

3. Price

3.1 Prices include VAT and any other taxes and levies, unless stated otherwise. All prices and other amounts are expressed in euros. VAT and all other taxes, duties, levies, or costs are always borne by the Customer. In the event of a VAT adjustment, Catz ‘N Wood has the right to make this adjustment on all relevant invoices.

3.2 The prices of Catz ‘N Wood, as stated in quotations from Catz ‘N Wood, were based on rates, official exchange rates, wages, and social charges valid on the date of the quotation. They can be indexed by Catz ‘N Wood and even without the prior agreement of the Customer, if market prices or the parameters for their calculation have increased by at least 5% at the time of invoicing. The revision is based on the formula P1 = P0 x (0.2 + L1/L0 x 0.4 + M1/M0 x 0.4).

3.3 All costs related to possible returns will always be borne by the Customer.

4. Delivery or Performance

4.1 The place of delivery is the store or, in the case of distance agreements (as defined in Article I.8, 15° WER), the address provided by the Customer to Catz ‘N Wood. Delivery is carried out after payment of the full purchase price. The Customer acknowledges that the delivery time, even in the case of a distance agreement, is indicative. Catz ‘N Wood makes all reasonable efforts to deliver goods within the specified delivery time. No delay can lead to the dissolution of the agreement to the detriment of Catz ‘N Wood, nor to a penalty or compensation. Catz ‘N Wood cannot be held responsible for delayed delivery due to any of its suppliers.

For Distance Agreements, delivery only takes place within the distribution areas indicated on the website https://catznwood.be.

4.2 The risk of loss or damage to goods passes to the Customer from the moment the Customer physically receives the goods. However, when a carrier is not proposed by Catz ‘N Wood but by the Customer, the risk will transfer upon the delivery of goods to this carrier.

4.3 The Customer is obliged to enable the receipt of pre-ordered products before delivery. In particular, the Customer must be present and reachable at the time agreed upon with the courier company. If delivery is not possible at the agreed time, a refund of the product will take place. In this case, the delivery costs will not be refunded. Where the Customer enjoyed free shipping, a lump sum of 85 euros will be deducted.

5. Withdrawal in case of distance agreement

5.1 The Customer who concludes a distance agreement with Catz ‘N Wood has the right to withdraw from the agreement without giving reasons within a period of 14 days. The 14-day period starts from the day following the delivery of the goods.

5.2 The withdrawal is communicated in writing via email to Catz ‘N Wood, and any goods must be returned by the Customer within the 14-day period with a fully completed withdrawal form that can be downloaded from the FOD Economy website. The withdrawal must be unambiguously communicated via the following email address: info@catznwood.be.

Withdrawal is free of charge for the Customer, except for the direct costs of returning and any costs the Customer has paid for a delivery method that deviates from standard delivery. These costs will be deducted by Catz ‘N Wood from the amount to be refunded.

5.3 During the withdrawal period, the Customer must handle the goods and packaging carefully. The Customer will only unpack the product as far as necessary to assess whether they want to keep the product. If the Customer exercises their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to Catz ‘N Wood.

5.4 The Customer is only liable for the depreciation of the product resulting from handling the product beyond what is necessary, except in cases where Catz ‘N Wood provided incorrect usage advice.

6. Defects and Warranties

6.1 Without prejudice to Article 5 of these Terms, visible defects concerning the delivered goods must be reported to Catz ‘N Wood immediately and no later than 5 working days after delivery. Any hidden defects must, in any case and on pain of forfeiture of any claim, be reported to Catz ‘N Wood immediately and no later than 2 months after discovering the defect.

The Customer can address this to:

6.2 Any complaint outside this period is untimely. The examination by Catz ‘N Wood of a belated complaint can never be considered a waiver of the right to invoke the belatedness of the objection.

6.3 When the Customer invokes the legal warranty of 2 years, they must demonstrate that the delivered good was purchased on the website.

7. Liability and Exoneration

7.1 Except in case of intent, fraud, deception, or gross negligence of Catz ‘N Wood or its employees, Catz ‘N Wood is not liable for:

  • Loss, theft, depreciation, or damage to materials, devices, vehicles, or works of any kind entrusted by the Customer to Catz ‘N Wood;

  • Accidental or indirect damage caused by the goods or services delivered by Catz ‘N Wood, or the associated information and/or documentation;

  • Any other damage that was not directly and immediately caused by an error of Catz ‘N Wood;

  • Cracks in the wood due to a natural process and discoloration.

7.2 For direct damage, and only if restoration in kind is not possible, Catz ‘N Wood’s liability to the Customer and third parties will never exceed the amount paid by the Customer for the good or service that caused the damage.

8. Duration – Termination

8.1 Notwithstanding the provisions of Article 5, in case of cancellation of the agreement by the Customer, Catz ‘N Wood will be entitled to compensation of 10% of the total amount of the planned deliveries and/or Services, unless Catz ‘N Wood can demonstrate higher actual damage. The same compensation for the benefit of the Customer is provided if Catz ‘N Wood unilaterally terminates the agreement.

8.2 Any termination by the Customer will only have consequences from the date of written notice of termination.

9. Complaints regarding Advances or Invoicing

9.1 To be valid, any complaint about advances, payments, and invoices must be made by registered mail to the registered office of Catz ‘N Wood within seven calendar days from the date of dispatch of the invoice, note, or statement of costs. The invoice date is presumed to be the date of dispatch of the invoice.

9.2 Payment of the invoice without protest within the stipulated period always constitutes and without exception sufficient evidence of the services provided. Proof of dispatch of the invoice is provided by Catz ‘N Wood’s outgoing invoice book or inclusion in the VAT returns.

10. Payment Terms

10.1 All invoices are payable at the registered office address on the due date and in cash, either physically or electronically, unless otherwise agreed upon.

10.2 Any goods not fully paid for remain the complete and exclusive property of Catz ‘N Wood, including interest and costs, at the buyer’s expense and risk, deviating from article 1583 of the Civil Code. In case of non-payment by the Customer, Catz ‘N Wood has the right to reclaim the delivered goods immediately without prior notice or demand.

10.3 The Customer is not entitled to set-off against Catz ‘N Wood.

10.4 Catz ‘N Wood is entitled to transfer its receivables after notifying both parties in writing.

10.5 In case of non-payment by a Customer on the due date, an interest of 1.79% per annum is automatically due on the total amount of the invoice. If payment is not received after a further specified period following a written reminder, the Customer is liable for a penalty equal to 5% of the principal amount owed to Catz ‘N Wood, including 21% VAT, regardless of whether Catz ‘N Wood incurred extrajudicial collection costs, and without prejudice to Catz ‘N Wood’s right to claim damages.

10.6 If the Customer fails to pay the specified amount according to the invoice within the mentioned period, the full amount of all outstanding invoices becomes immediately due and payable to Catz ‘N Wood without further notice.

10.7 Apart from other rights of Catz ‘N Wood under this article, the Customer is obligated to reimburse Catz ‘N Wood for collection costs that go beyond sending a single reminder or presenting an – not accepted – settlement proposal, obtaining simple information, or the usual preparation of the case. These costs are determined based on the prevailing guidelines at the courts at that time.

11. Force Majeure

11.1 Catz ‘N Wood is not obligated to fulfill contractual obligations if the performance becomes impossible. Strikes, technical malfunctions, pandemics, traffic stagnation, permit requirements, and other legal and administrative requirements, as well as adverse weather conditions directly or indirectly hindering the normal execution of works, are considered force majeure, prolonging the contract’s execution for their duration.

11.2 If the force majeure situation lasts or is expected to last more than 3 months, Catz ‘N Wood has the right to immediately terminate the contract by registered letter, without prior recourse to a court and without any compensation. In such a case, Catz ‘N Wood is entitled to payment by the Customer for all goods or services already delivered and for costs already incurred for the future execution of the contract.

12. Website

12.1 Catz ‘N Wood makes efforts regarding access, the ordering process, delivery, or other services on the website. Catz ‘N Wood has the right to suspend or terminate the website entirely or partially at any time for maintenance, updates, or any other reason, even without prior warning. Catz ‘N Wood cannot be held liable for any inconvenience or damage caused by the use of the internet by the Customer, technical malfunctions, information placed or processed by third parties on the website, or any event related to the website that can be considered force majeure.

12.2 Catz ‘N Wood is not liable for the content of websites linked from the website. The use of linked websites is at the user’s own risk.

13. Electronic Invoicing

13.1 Catz ‘N Wood’s original invoices can be delivered electronically to the Customer’s provided email address. If the client wishes to receive a paper copy of the invoice, it can be done for a fee (€10.00 per invoice) upon a simple request to info@catznwood.be.

14. Intellectual and Other Property Rights

14.1 The Customer explicitly acknowledges Catz ‘N Wood’s full ownership of the brand name Catz ‘N Wood, the trade name Catz ‘N Wood, logos, and other graphic branding of Catz ‘N Wood, as well as the content of the website https://catznwood.be/.

All provided information and data remain the property of Catz ‘N Wood or its successors and cannot be used without written permission from Catz ‘N Wood. The delivery of information and data to the Customer implies only the right of internal use by the Customer unless explicitly and in writing agreed otherwise.

15. Disputes and Applicable Law

15.1 The General Terms and Conditions are governed by and established in accordance with Belgian law. The application of the Vienna Sales Convention of April 11, 1980, is expressly excluded.

15.2 All disputes arising from this agreement are settled by the courts of the registered office of Catz ‘N Wood, namely the Courts of the judicial district of Antwerp, division Turnhout, either the Enterprise Court Antwerp – Division Turnhout, or the Court of First Instance Antwerp – Division Turnhout, or the Justice of the Peace Second Canton Mol – Geel. Only Belgian law applies.

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