1. Any tender submitted by the Seller is without any obligation until it is confirmed in writing. Orders can be placed in writing, by email or via the internet, but will only be binding in so far as they are confirmed in writing by the seller. An order, also listed by our agents or representatives, is binding only if it is accepted by us explicitly and in writing. Cancellation or modification of the order is not possible, unless after prior written agreement.
2. The estimated delivery period is based on the production conditions applicable at the time the agreement is concluded. Should there be a delay for which the seller is not responsible, the delivery period will be extended with the required time and the seller can not be held liable for such delay. Goods remain the property of the seller until full payment of the principal price, costs and interest. Nevertheless, the risks of loss or destruction of the sold goods will be fully carried by the buyer from the moment of sale of the goods. All deliveries take place ex works the premises of the seller.
3. The buyer must immediately check the goods / services upon delivery. Any defects must be reported to the seller in writing as soon as possible and at the latest 7 calendar days after delivery. After that period, the seller is only liable for hidden defects which make the goods unfit for the use to which they are intended, insofar as the goods have not yet been processed and insofar as the seller knew or should have known the defects. Complaints due to hidden defects do not suspend the payment obligation of the buyer.
4. With the exception of what is described in the previous article, the seller is not liable for any damages whatsoever which would be the direct or indirect result of goods supplied or sold, except in the event of a serious error or intention. The liability of the seller is in all respects limited to the invoice value of the goods / services provided. In no event may the seller be addressed for any indirect damage such as, but not limited to, loss of income, loss of contracts, capital costs, performance limitation or any other losses or consequential damages, both to the buyer and to third parties. The seller is not responsible for the mistake of appointed persons, even in case of intentional or serious mistakes. In the latter case, the buyer must address the appointed person directly.
5. Unless agreed otherwise explicitly and in writing, the invoice is payable within 15 calendar days after the invoice date. In the case of non-payment of all or part of the price, the outstanding amount will be increased legally and without any notice of default, with a monthly interest of 1.5% and a lump sum of 10%, with a minimum of 50 EURO. Any default of payment entails the claimability of the outstanding invoices and entitles the seller, after notice of default, to suspend any future deliveries, or to terminate the agreement, without prejudice to the right to compensation.
6. If the buyer fails to comply with his contractual obligations, the seller has the right, after notice of default, to suspend its obligations or to terminate the agreement without judicial intervention, if no or no useful effect is given on the notice within eight working days, without prejudice to the right to compensation.
7. Your personal data will be processed by Formando, for customer management based on the contractual relationship as a result of your order / purchase and for direct marketing (to offer you new products or services) based on our legitimate interest to undertake. If you do not want us to process your data with a view to direct marketing, it is sufficient to inform us at firstname.lastname@example.org. Through this address you can always ask which data we process about you and update them or have them erased, or have them transferred to you. If you do not agree with the way in which we process your data, you can contact the Commission for the protection of privacy (Drukpersstraat 35, 1000 Brussels). A more extensive overview of our data processing policy can be found on Www.formando.be/privacy-policy.
8. All our agreements are governed by Belgian law. Any dispute arising under this agreement shall be submitted only to the jurisdiction of the registered office of the seller.