Terms and Conditions

FRANS-ROGER BV TERMS AND CONDITIONS

Article 1: Applicability

1. The offers of, orders to and deliveries by FRANS-ROGER BV towards customers are exclusively governed by these conditions, except for prior and written deviations.

Article 2: Offers

1. The agreement with FRANS-ROGER BV is only established after FRANS-ROGER BV has confirmed the order in writing or has executed the delivery or, in case the customer is a consumer, if the parties have signed an order.

Article 3: Delivery period

1. Delivery dates given by FRANS-ROGER BV are indicative only.. If an advance payment was stipulated, the delivery period shall commence only after payment of this advance payment.
2. FRANS-ROGER BV can under no circumstances be held liable for delays in deliveries resulting from force majeure or foreign cause. Force majeure is e.g.. (non-exhaustive) means : strike, war, lockout, fire, change in transportation rates, customs tariffs, government measures in general, late delivery by the supplier, strike at the supplier, bankruptcy of the supplier, labor shortage, fuel shortage, destruction of machinery, etc...
3. Where appropriate, the delivery period shall be extended by the duration of the delay. FRANS-ROGER BV will notify the customer of such delays. The customer may nevertheless claim the dissolution of the agreement if the delay lasts more than three (3) months and provided that the customer has given FRANS-ROGER BV prior notice of default, by registered letter, whereby the customer allows FRANS-ROGER BV a reasonable additional period (at least 15 working days).
4. If the delay in the delivery time is due to FRANS-ROGER BV, the customer can only dissolve the agreement in accordance with applicable law and insofar as the customer has given FRANS-ROGER BV prior notice of default, by registered letter, whereby the buyer allows FRANS-ROGER BV a reasonable additional period (at least 15 working days).

Article 4: Transfer of risk

1. Risk passes upon delivery by FRANS-ROGER BV. If the goods are picked up by the customer, the risk passes at that time.

Article 5: Notification period of defects

1. Visible defects, as well as non-conforming deliveries (including incomplete deliveries) must be reported to FRANS-ROGER BV by registered letter within five (5) working days after the delivery, accurately stating the complaint, failing which the delivery will be considered conforming and the goods received as in perfect condition. This presumption of conformity also applies if the customer has taken the goods into use or has had them taken into use, sold, processed or handled. Hidden defects must be reported by registered letter no later than 14 days after their discovery, and the customer undertakes to bring any legal action for hidden defects within three months of their discovery, both on pain of forfeiture.
2. If all these conditions are met and the complaint is found to be justified, FRANS-ROGER BV undertakes to replace the defective goods with new ones or to repair. Under no circumstances can the customer make claims other than these (reparation in kind to the exclusion of any damages).
3. The customer may not himself replace or repair the defective goods, nor may he have them replaced or repaired by a third party, unless after permission of FRANS-ROGER BV or after judicial authorization. Such replacement or repair is always done at the customer's risk and expense.

Article 6: Cancellations.

1. The customer who cancels his order, refuses to take delivery of the materials, or on whose behalf the agreement is declared null and void, shall owe, except in cases of proven force majeure, as the case may be, 14 days after a registered reminder to that effect, a fixed and irreducible compensation of 30% of the price of the order, without prejudice to higher damages (e.g.. for costs of transportation, storage and related costs, or for custom-made materials; these costs must be paid 100% by the customer). If the customer is a consumer, he is entitled to the same compensation of 30% at the expense of FRANS-ROGER BV, if the latter unilaterally cancels the order, or if the agreement is dissolved at the expense of FRANS-ROGER BV.

Article 7: Liability

1. Without prejudice to legal provisions of public policy or mandatory law, FRANS-ROGER BV cannot be held liable for:

Article 8: Payment

1. The invoices of FRANS-ROGER BV are, unless otherwise stipulated, payable in cash at the registered office of FRANS-ROGER BV..
2. FRANS-ROGER BV is entitled to first charge the customer's payments against the oldest outstanding debts (including interest, conventional damages and any other compensation owed by the customer to FRANS-ROGER BV on account of other outstanding debts and costs), even if the customer wishes to charge his payment against other outstanding debts.
3. In the event of non-payment by the due date, the customer is automatically and without notice:

Article 9: returns

Outside the legal withdrawal period of 14 calendar days, we do not take back any goods in the case of an incorrect order, unless the customer contacts Frans-Roger BV within this period.. Customers should carefully check all details, including product specifications and shipping information, before placing an order. Any errors must be reported within the statutory withdrawal period. After this period, we are not obliged to take back the goods. This arrangement complies with applicable legislation and is designed to efficiently manage our logistics processes. Our team is available to discuss and resolve any questions or concerns regarding orders within the withdrawal period.