GENERAL TERMS AND CONDITIONS – Kollektiv780 BV
Article 1: Definitions and general provisions
1. “Kollektiv7680 BV ” means the private limited company under Belgian law Kollektiv7680
bv, with registered office at Lobeliastraat 4, B-8670 Koksijde, with enterprise
number BE 1007. 796.940.
2. “The Customer” means any natural or legal person who orders or purchases
goods from Kollektiv780 BV for professional purposes.
3. These general terms and conditions apply to any agreement between Kollektiv7680
BV and the Customer, and can only be deviated from expressly and in writing.
4. A deviating clause only replaces the clause from which it deviates and no
other elements of the agreement.
5. The invalidity of a clause does not affect the validity of other clauses.
6. The Customer acknowledges that its own general terms and conditions do not
apply.
Article 2: Formation of the agreement
1. Kollektiv7680 BV has the right to refuse orders and potential customers
without needing to justify itself.
2. An agreement between Kollektiv7680 BV and the Customer is only formed when Kollektiv7680
BV accepts an order.
3. Acceptance of an order or an order form takes place tacitly if Kollektiv7680
BV does not refuse the order in writing within ten days after receipt of the
order.
4. If the Customer cancels an order before acceptance by Kollektiv7680
BV is entitled to a compensation of 30% of the value of the order (excluding
VAT).
5. If the Customer cancels an order after acceptance by Kollektiv7680
BV is entitled to a compensation of 100% of the value of the order (excluding
VAT).
6. Each accepted order establishes a separate agreement between Kollektiv7680 BV
and the Customer.
7. The successive acceptance of orders does not create a framework agreement or
agreement of indefinite duration between Kollektiv7680 BV and the Customer.
Article 3: Prices
1. All prices are exclusive of taxes, and transport and packaging costs.
2. Kollektiv7680 BV shall provide the Customer with recommended pricing to the
end customer.
Article 4: Delivery
1. The Customer shall respect the agreed delivery period and shall receive the
goods at that time.
2. The Customer acknowledges that refusal of the goods is equated with
cancellation, which obliges the customer to pay Kollektiv7680 BV a fee of 100%
of the value of the order (excluding VAT).
3. Meeting the stated delivery deadline constitutes a best efforts obligation
on the part of Camicol.
4. The goods are shipped at the risk of the Customer.
5. All visible defects are deemed to have been accepted if they are not
reported by an official email within three days of receipt.
6. A difference in colour shading between the images or samples and the
delivered goods is not considered a defect.
Article 5: Payment
1. All invoices are payable at the registered office of Kollektiv7680 BV within
the period stated on the invoice.
2. Kollektiv7680 BV may choose to which debt of the Customer it allocates the
payments.
3. The Customer may not offset the amounts it owes to Kollektiv7680 BV with
amounts that Kollektiv7680 BV might owe to the Customer.
4. Kollektiv7680 BV may investigate the creditworthiness of the Customer.
5. If there are indications that the Customer’s creditworthiness may be
compromised, Kollektiv7680 BV may demand from the Customer a deposit, full
payment in advance, the provision of additional information and/or the
provision of additional guarantees before delivering the goods.
Article 6: Breach of contract
1. In the absence of full payment of one or more invoices by the due date, Kollektiv7680
BV is entitled, without prior notice of default being required, to (i) interest
on arrears of 10% per year or, if it is higher, interest calculated at the
interest rate according to Article 5 of the Act of 2 August 2002, in any case
from the due date of the invoice until the moment of full payment and (ii)
fixed damage compensation of 10% of the outstanding amount with a minimum of
EUR 125, without prejudice to the right of Kollektiv7680 BV to higher
compensation if the damage to Kollektiv7680 BV is greater.
2. If the Customer fails to fulfil an obligation, Kollektiv7680 BV may at its
discretion demand fulfilment of this obligation plus payment of the
aforementioned penalties, or termination of the agreement.
3. In the event of termination of the agreement at the expense of the Customer,
Kollektiv7680 BV is entitled to a return of the goods already delivered and to
compensation of 30% of the net purchase price (excluding VAT), without
prejudice to the right of Kollektiv7680 BV to a higher damage compensation if
the loss to Kollektiv780 BV is greater.
Article 7: Customer obligations
1. Kollektiv780 BV uses a selective distribution system to maintain Kollektiv7680
BV luxury image.
2. This Article 7 describes the conditions that a Customer must meet to be an
authorised distributor of Kollektiv7680 BV goods.
3. The Customer shall always include at least 20% of Kollektiv7680 BV range in
its product offerings.
4. The
Customer shall develop and furnish its website in a manner that is in line with
the relevant professional standard and the luxury image of Kollektiv7680 BV goods.
5. The Customer shall state on its website (i) all relevant product
information, including at least a size chart and the dimensions and weight of
the goods; (ii) only use photos provided by Kollektiv7680 BV; (iii) use all photos
provided by
Kollektiv7680 BV; (iv) only use the product name used and supplied by
Kollektiv7680 BV
6. The Customer will not disclose Kollektiv780 BV images via social or other
media before the official launch of the collection and the publication of the
images on Kollektiv7680 BV website.
7. The Customer shall deliver sold goods to the end customer no later than 5
days after ordering if the end customer resides in the same country, and no
later than 10 days after ordering if the end customer resides in a different
country.
8.
Unless explicitly granted an exception by Camicol, the Customer shall never
offer the goods exclusively online, but also maintain at least one physical
point of sale that meets the conditions described below.
9. The Customer shall sell the goods in a physical point of sale whose
location, decoration, range and customer experience match the luxury image of Kollektiv7680
BV goods.
10. The Customer shall have sufficient space in its physical point of sale, and
guarantees the orderly and convenient presentation of at least one of all items
from the collection purchased by the Customer.
11. The Customer shall not sell Kollektiv7680 BV goods in a physical point of
sale located less than 15 kilometres from an already recognised Kollektiv7680 BV
distributor for the Customer.
12. The Customer shall not resell Kollektiv7680 BV goods to professionals who
are not distributors authorised by
Kollektiv7680 BV
13. The Customer shall not sell or distribute Kollektiv7680 BV goods via third-party online or
offline marketplaces and only in their own brick or online store.
Article 8: Retention of title
1. Transfer of ownership of the goods takes place only when Kollektiv7680 BV has
received full payment.
2. The risk for safeguarding the goods passes to the Customer at the time of
delivery. The Customer remains the custodian of the goods until full payment.
Article 9: Limitation of liability
1. The liability of Kollektiv7680 BV with respect to the Customer, also as a
result of gross negligence, is limited to the net purchase amount of the order
or orders to which the negligence in question relates.
2. Kollektiv7680 BV is not liable for indirect damage, including loss of profit,
loss of opportunity, storage costs, preservation costs and the like.
Article 10: Intellectual property
1. All intellectual property rights applicable to Kollektiv7680 BV goods remain
the exclusive property of
Kollektiv7680 BV.
2. The Customer shall inform Kollektiv7680 BVof the existence of counterfeit or
reproductions of Kollektiv7680 BV goods as soon as they come to its attention.
Article 11: Applicable law and competent court
1. Belgian law applies to any dispute regarding the performance of the
agreement between Kollektiv7680 BV and the Customer.
2. The enterprise court of Ghent, Ostend division, has exclusive jurisdiction
to resolve these disputes.