Article 1.
Unless mandatory legal provisions provide otherwise, these general terms and conditions apply to all activities of the COMPANY. These general terms and conditions, as well as any specific conditions of the COMPANY, are deemed accepted by its buyers and suppliers, even if they conflict with their own general or specific conditions. Any deviation from these conditions must be recorded in writing and notified by a person authorized to bind the COMPANY.
Article 2.
The COMPANY’s offers are made without commitment. Orders are only definitive after having been confirmed in writing and signed by a person authorized to bind the COMPANY. The COMPANY shall not be held liable in the event of non-performance due to force majeure, strike, lock-out, etc.
Article 3.
Delivery times are given for information purposes only. Goods are transported at the buyer’s risk, with the transfer of risks taking place as soon as the goods leave the COMPANY’s warehouses. The COMPANY reserves the right to invoice goods progressively as deliveries are made, even if such deliveries are partial.
Article 4.
The goods sold by the COMPANY are guaranteed by the manufacturer against all manufacturing defects. The COMPANY is only liable for hidden defects unless it demonstrates that the defect was undetectable. The COMPANY’s warranty shall cease if the buyer has not notified it of its complaints by registered letter at the latest within one month of the sale. The COMPANY’s liability is limited to the replacement of the defective part, without it being held liable for any refund, compensation, or damages of any kind and for any reason whatsoever.
Article 5.
Unless otherwise agreed in writing, all invoices issued by the COMPANY are payable in cash at the COMPANY’s registered office. Failure to pay an invoice at its due date shall render immediately payable all amounts due, regardless of any payment facilities previously granted. In the event of non-payment at the due date of a partial delivery, the COMPANY reserves the right to cancel the balance of the order.
Article 6.
In the event of non-payment of an invoice at its due date and without prior notice of default, the debtor acknowledges being liable to pay compensation set at 15% of the amount of the invoice due, with a minimum of €150.00, as well as interest at the rate set by the law of 02.08.2002 on combating late payment in commercial transactions.
Article 7.
The buyer acknowledges that the goods remain the property of the COMPANY until full payment of the invoice as well as any ancillary charges in the event of non-payment at the due date.
Article 8.
The sending of the invoice stating the final balance shall constitute a request for acceptance if such acceptance has not been carried out previously. In the absence of any complaint by registered letter within twenty days from the date of invoicing, the works shall be deemed to have been definitively accepted without reservation.
Article 9.
In the event of a dispute, other than the recovery of unpaid invoices, the parties undertake to first resort to mediation by appointing an approved mediator and to participate in two sessions of at least two hours each, with the aim of attempting to find an amicable solution.
Article 10.
All disputes shall fall under the exclusive jurisdiction of the courts of the judicial district of Verviers, Belgium, even in the event of third-party proceedings or multiple defendants. The COMPANY nevertheless reserves the right to bring proceedings before the court of the registered office of the defendant or of one of the defendants. No method of payment or performance shall constitute novation or derogation from this express clause of exclusive jurisdiction. Belgian law shall be exclusively applicable.
Company details
Company name: ENCOM game SRL
VAT number: BE 0739 804 944
Address:
Rue Mali 14
4800 Verviers
Belgium
Phone (mobile): +32 496 67 59 21
Email: info@encomgame.com
Website: www.encomgame.com
Bank details:
Bank: Fortis
IBAN: BE55 0018 7711 9344
BIC: GEBABEBB
International payment: Accepted