GENERAL TERMS AND CONDITIONS – Kollektiv780 BV

Article 1: Definitions and General Provisions

1. "Kollektiv7680 BV" refers to the Belgian private limited liability company Kollektiv7680 bv, with registered office at Lobeliastraat 4, B-8670 Koksijde, and company number BE 1007.796.940.

2. "The Customer" refers to any natural or legal person who requests or purchases goods from Kollektiv7680 BV for professional purposes.

3. These general terms and conditions apply to any agreement between Kollektiv7680 BV and the Customer, and may only be departed from expressly and in writing.

4. A derogating clause only replaces the clause it opposes and no other element of the agreement.

5. The invalidity of one clause does not affect the validity of the 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 prospective customers without having to justify its decision.

2. An agreement between Kollektiv7680 BV and the Customer is only formed once Kollektiv7680 BV accepts an order.

3. Acceptance of an order or order form is deemed to occur tacitly if Kollektiv7680 BV does not reject the order in writing within ten days of receiving it.

4. If the Customer cancels an order before it has been accepted by Kollektiv7680 BV, the Customer must pay compensation of 30% of the order value (excl. VAT).

5. If the Customer cancels an order after it has been accepted by Kollektiv7680 BV, the Customer must pay compensation of 100% of the order value (excl. VAT).

6. Each accepted order constitutes a separate agreement between Kollektiv7680 BV and the Customer.

7. The successive acceptance of orders does not create a framework agreement or an 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 will provide the Customer with the recommended prices for the end customer.

 
Article 4: Delivery

1. The Customer shall respect the agreed delivery deadline and shall receive the goods at that time.

2. The Customer acknowledges that refusal of the goods is equivalent to a cancellation, obliging the Customer to pay Kollektiv7680 BV 100% of the order value (excl. VAT).

3. Meeting the stated delivery deadline constitutes a best-efforts obligation on the part of Kollektiv7680 BV.

4. Goods are shipped at the Customer's risk.

5. All visible defects are deemed accepted if not reported by official email within three days of receipt.

6. A difference in shade between 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 decide to which debt of the Customer payments are applied.

3. The Customer may only set off amounts it owes to Kollektiv7680 BV against amounts Kollektiv7680 BV may owe to the Customer.

4. Kollektiv7680 BV may investigate the Customer's creditworthiness.

5. If there are indications that the Customer's creditworthiness may be compromised, Kollektiv7680 BV may require the Customer to provide a deposit, full advance payment, additional information and/or additional guarantees before delivering the goods.

 
Article 6: Breach of Contract

1. In the event of full non-payment of one or more invoices when due, Kollektiv7680 BV is entitled, without prior notice of default, to (i) late payment interest of 10% per annum or, if higher, interest calculated according to the interest rate set out in Article 5 of the Law of 2 August 2002, counted from the invoice due date until full payment, and (ii) a fixed compensation of 10% of the unpaid amount with a minimum of EUR 125, without prejudice to Kollektiv7680 BV's right to greater compensation if the damage is higher.

2. If the Customer fails to fulfil an obligation, Kollektiv7680 BV may, at its discretion, demand performance of that obligation plus payment of the aforementioned penalties, or termination of the agreement.

3. In the event of termination of the agreement due to the Customer's fault, Kollektiv7680 BV is entitled to the return of the goods already delivered and to compensation of 30% of the net purchase price (excl. VAT), without prejudice to Kollektiv7680 BV's right to greater compensation if the loss is higher.

 
Article 7: Customer Obligations

1. Kollektiv7680 BV uses a selective distribution system to maintain the brand's luxury image.

2. This Article 7 describes the conditions the Customer must meet in order to be an authorised distributor of Kollektiv7680 BV goods.

3. The Customer will always include at least 20% of the Kollektiv7680 BV range in its product offering.

4. The Customer will develop and present its website in accordance with the relevant professional standards and the luxury image of Kollektiv7680 BV goods.

5. The Customer will state on its website (i) all relevant product information, including at least a size, dimension and weight chart for the goods; (ii) will only use photos provided by Kollektiv7680 BV; (iii) will use all photos provided by Kollektiv7680 BV; (iv) will only use the product name provided by Kollektiv7680 BV.

6. The Customer will not disclose images of Kollektiv7680 BV via social media or other means before the official launch of the collection and the publication of the images on the Kollektiv7680 BV website.

7. The Customer will deliver goods sold to the end customer no later than 5 days after the order if the customer resides in the same country, and no later than 10 days if the customer resides in another country.

8. Unless explicitly authorised by Kollektiv7680 BV, the Customer will never offer the goods exclusively online, and will always maintain at least one physical point of sale meeting the conditions described below.

9. The Customer will sell the goods at a physical point of sale whose premises, decor, range and customer experience correspond to the luxury image of Kollektiv7680 BV.

10. The Customer will have sufficient space at its physical point of sale and will ensure the orderly and practical presentation of at least one example of every item in the collection purchased.

11. The Customer will not sell Kollektiv7680 BV goods at a physical point of sale located less than 15 kilometres from a Kollektiv7680 BV distributor already recognised for the Customer.

12. The Customer will not resell Kollektiv7680 BV goods to professionals who are not distributors authorised by Kollektiv7680 BV.

13. The Customer will not sell or distribute Kollektiv7680 BV goods through third-party online or offline marketplaces, only through its own physical or online store.
Copyright-protected imagery: The photographic material and brand content that we make available to our authorized dealers are protected by copyright and intellectual property rights. Licenses for their use are granted exclusively for use on approved sales channels.

 
Article 8: Retention of Title

1. Transfer of ownership of the goods only occurs once Kollektiv7680 BV has received payment in full.

2. Custodial risk for the goods passes to the Customer upon delivery. The Customer remains custodian of the goods until payment is made in full.

 
Article 9: Limitation of Liability

1. Kollektiv7680 BV's liability towards the Customer, including for gross negligence, is limited to the net purchase amount of the order(s) related to the negligence in question.

2. Kollektiv7680 BV is not liable for indirect damages, including loss of profit, loss of opportunity, storage costs, preservation costs or other costs.

 
Article 10: Intellectual Property

1. All intellectual property rights applicable to Kollektiv7680 BV goods remain the exclusive property of Kollektiv7680 BV.

2. The Customer will inform Kollektiv7680 BV of the existence of counterfeits or reproductions of Kollektiv7680 BV goods as soon as it becomes aware of them.

 
Article 11: Applicable Law and Competent Court

Belgian law applies to any dispute relating to the performance of the agreement between Kollektiv7680 BV and the Customer.

The Enterprise Court of Ghent, Ostend division, has exclusive jurisdiction to settle such disputes.

 
Article 12: Territorial Restriction

The Buyer is not authorised to sell, distribute or make the Products available in Switzerland and the United Kingdom, directly or indirectly, without the Seller's prior written consent.

Any resale of the Products in these territories will be considered a material breach of this Agreement.