Terms of sales
ART. 1. PRICE – Unless expressly provided otherwise, the goods provided by BELLAVIE (hereafter referred to as BELLAVIE) are deemed to be sold and their price fixed at net warehouse BELLAVIE price. Delivery freight collects by the client.
ART. 2. PURCHASE ORDER – Any purchase order made directly to us or through of one of our authorized distributors commits the client, but does not commit us until we have given a confirmation in writing or, in the absence of any written document, after initiating the execution.
ART. 3. CHARGES – Any charges, VAT, taxes or other fees payable due to or on the occasion of the selling of the BELLAVIE’s products will be at the expense of the client.
ART. 4. RISKS – No matter which destination the goods may have, delivery is always deemed to be effectuated FCA (Free Carrier) in BELLAVIE’s warehouses. Consequently, the goods will always be transported at the client’s risk. BELLAVIE cannot be held responsible for any damage, loss or failure.
ART. 5. GUARANTEE – All goods delivered by BELLAVIE will only be covered by a guarantee as for the expiry date mentioned on the referred goods. BELLAVIE should provide products with minimum 2/3 of shelf life for the products with a shelf life of 15 or 18 months and with minimum 1/2 of shelf life for the kits with a shelf life of 24 months. Please note that the guarantee is not applicable for recently launched products for which the shelf life is shorter.
ART. 6. TERMS OF DELIVERY – Terms of delivery of the goods are merely indicative: if these terms are exceeded, the client will not have the right to any indemnity or to the non-execution or suspension of his obligations resulting from this contract. If by any reason we should fail to deliver within 14 days after being notified by the client by registered mail, the latter will have the right to consider this contract disbanded by law as far as delivery is concerned that has not occurred within these terms, without the buyer having the right to claim compensation. When, due to force majeure, BELLAVIE is in the impossibility to deliver, this obligation will be suspended. Conventionally, strikes and arrears in delivery of any third element in the contract will be considered as force majeure.
ART. 7. PAYMENT – All invoices from BELLAVIE are payable to BellaVie within thirty days of their date. In case of delay in the payment of the invoices, payment in advance will be applied for next orders. In case of non-payment of an invoice on the appointed due date, an interest will be applied, by law and without reminder, at the annual interest rate of 12%. Moreover, any invoice that remained unpaid at the appointed due date will be increased by 15% for the part under or until € 25.000 and by 10% for the part above € 2.500, with a minimum of € 40 by way of fixed irreducible compensation. The issue of bills of exchange will not cause novation of the obligations resulting from the invoices. All contestations concerning the amount of an invoice shall be made in writing to BELLAVIE, within 8 days after their issue, under penalty of lapse of rights. * Advance payment will be applied for any new customer with the possibility to be revised.
ART. 8. JURISDICTION AND GOVERNING LAWS –Only the Justice of the Peace from Namur and the jurisdiction of the District Courts of Namur will be competent in any disputes. Even if BELLAVIE accepted other winding-up procedures, there will be no novation or derogation to the attribution of jurisdiction.
This attribution clause will be applicable even if contradictory to the clauses that figure on the buyer’s commercial documents.
Any conflict under the terms of an international contract will be treated at the competent Belgian Courts, even if there is more than one defendant or introduction of third parties. These general conditions are exclusively subject to the Belgian law.
ART. 9. TRANSFER - These general conditions will remain applicable in relation to the party entitled and BELLAVIE, in particular in case of transfer of rights, assignment, take-over or merger, and also in case of transfer of one establishment of either one of the parties.
ART. 10. INVALIDATION – If any of the provisions of this contract should be declared unenforceable by a competent Court, all other provisions of the contract will remain applicable and shall be interpreted as to be effective to the intention of the parties at the moment of conclusion of the contract. If one article should be contrary to the law, only this article will be deemed void, while all other articles shall retain their full force and effect.
ART. 11. CANCELLATION OF THE CONTRACT – If the Client should default on its contractual obligations in relation to BELLAVIE and if he is, on any ground whatsoever, the object of protest or bankruptcy, or if he claims an arrangement or composition, BELLAVIE has the right to immediately disband any current contract or transaction without serving notice or notification.
ART. 12. SUPERVISION – Any complaints that the client may have relating to the nature and/or quality of the goods delivered by BELLAVIE will not be considered unless they have been transmitted in writing to BELLAVIE within five days after reception of the goods.
ART. 13. ADHERENCE TO THE GENERAL CONDITIONS OF SALE – By making his order, the Client adheres to BELLAVIE ’s general conditions of sale and explicitly renounces to all general or special conditions that the client himself might have indicated in his order forms, letters and, in general, all commercial documents. In case of translation of these General Conditions, the French version will prevail.
ART. 14. QUALITY –
- The client will ensure that it conforms with all legislation and regulations requirements existing from time to time in relation to the products.
- The client must maintain full records (at least three years) which permit full and complete traceability data of each unit of product sold to it by BELLAVIE.
- The client must allow accessibility of traceability data (indicated above) to the competent authorities and must allow availability of recall procedure and co-operation in case of recall and/or vigilance letters.
- The client shall immediately inform BELLAVIE, in writing, of any problem or complaint relating to quality, stability, safety or effectiveness of the products or any adverse experience associated with the use of the products.No modification, addition or substitution can be made to any of the products or any part thereof, except by BELLAVIE or with its express authorisation.