The terms and conditions are also available in German and Spanish.

 

CONTRACTUAL TERMS AND CONDITIONS OF DECO PARTNERS

1. Establishment of agreement

1.1. These contractual terms and conditions shall govern the agreement. The agreement shall never be governed by general or purchasing conditions of the customer, including any made known later than these contractual terms and conditions.

1.2. Unless otherwise agreed, all DECO PARTNERS offers shall be valid for one month only.

 

2. Description of goods; delivery times

2.1. Goods shall be delivered as stated in the order confirmation receivable by the customer by e-mail. The provisions made in articles XII. 6, §1(8), XII. 7, §1, XII. 8 and XII 9 of the Economic Law Act shall not apply.

2.2. At its discretion DECO PARTNERS shall decide any characteristics of sold goods that have not been not expressly agreed.

2.3. DECO PARTNERS shall adhere as precisely as possible to dimensions, weights, degrees, percentages, colours, etc, stated in the order confirmation, subject in all instances to the customary tolerances applicable to the goods in respect of variances. As regards quantities it is expressly agreed that DECO PARTNERS has the right to deliver, invoice and procure payment for ten percent more or ten percent less than the ordered quantity (subject to a minimum of one hundred items). Variances within these customary tolerances in respect of dimensions, weights, quantities, degrees, percentages, colours, etc., shall not impair the legal validity of the agreement and shall not give the customer any rights in relation to DECO PARTNERS (such as dissolution of the agreement, withholding of payment, price reduction, compensation for damage or refusal of the goods).

2.4. All images on the website are illustrative. They may include elements that are not included in the price or differ from the appearance of the article.

2.5. Delivery times shall not be binding. Delayed delivery shall not impair the legal validity of the agreement and shall not give the customer any rights in relation to DECO PARTNERS (such as dissolution of the agreement, withholding of payment, price reduction, compensation for damage or refusal of the goods). DECO PARTNERS shall expressly inform the customer of this matter.

2.6. Samples, specimens, designs and/or printing plates of the goods and also the associated costs (including shipment) shall be billed for payment.

2.7. DECO PARTNERS shall be liable to the customer only for intent or serious misconduct, which shall mean disregard of fundamental rules of the art in question. DECO PARTNERS shall never be liable in any way for misprints that result in the incorrect printing of the goods, or for asserted inferior aesthetics of the work.

2.8. Designs, printing plates, films, embroidery programs and similar shall always remain the intellectual property of DECO PARTNERS.

2.9. DECO PARTNERS shall be under no obligation whatsoever towards the customer to archive or otherwise store goods to be processed or worked.

2.10. DECO PARTNERS shall not be liable for infringements of reproduction rights or other intellectual property rights owned by third parties resulting from performance of the offered job of work. The customer shall in all instances indemnify DECO PARTNERS against third-party claims in this respect.

2.11. The customer shall accept that DECO PARTNERS may give notices by e-mail.

 

3. Price

3.1. We reserve the right to price deviations. The prices on the website are subject to change. When price changes occur, the customer will be informed.

3.2. The price shall be stated exclusive of VAT.

3.3. DECO PARTNERS shall have the right to require prepayments at the time of ordering.

 

4. Delivery

4.1. Unless otherwise agreed, goods priced €650 or more exclusive of VAT shall be delivered carriage paid if delivered to one address in Belgium. DECO PARTNERS shall then have fulfilled its duty to deliver at such time as the goods are made available at the destination stated in the order confirmation. Goods shall be unloaded at the risk of the customer.

4.2. In all cases other than those stated at 4.1, goods shall be delivered ex-works DECO PARTNERS (at its registered office), unless otherwise agreed. DECO PARTNERS shall then have fulfilled its duty to deliver at such time as the goods are made available at its premises to the customer.

4.3. Delivery of the goods shall constitute acceptance of the goods by the customer. Any visible defects in the goods shall be covered from that time. The same shall apply to any non-conformances between delivered and sold goods.

 

5. Payment

5.1. Unless otherwise agreed in writing, the price shall be payable in cash to the registered office of DECO PARTNERS without discount on receipt of the goods. Bank charges shall be payable by the customer.

5.2. Non-payment at due date of the debt, price or unpaid balance thereof shall cause the amount in question to be increased by ten percent of such price or balance (subject to a minimum charge of €100) to compensate for the inconvenience caused to DECO PARTNERS and defray the associated administrative costs. This shall not constitute compensation for any lawyers fees incurred for debt collection. Moreover, the price or the unpaid balance thereof shall incur from the debt due date conventional late payment interest at an annualised rate of twelve per cent. This interest shall continue to be owed until the date of payment, even if debt collection proceedings are brought before the courts in the meantime. The aforementioned compensation and conventional late payment interest shall be owed by operation of law without the need to serve notice. The conventional late payment interest shall be charged for each commenced month.

5.3. Non-payment of the price or part thereof at the debt due date shall by operation of law immediately render payable the balance of all other debts, including those not yet at due date, without prior notice of breach.

5.4. If the customer owes DECO PARTNERS several debts, a partial payment shall be allocated at the discretion of DECO PARTNERS. If DECO PARTNERS does not take any initiative in this regard, the allocation shall be made to the debt in which DECO PARTNERS has the greatest interest in its fulfilment.

5.5. The drawing and/or acceptance of bills of exchange or other negotiable documents shall neither constitute debt renewal nor derogation from the contractual conditions.

5.6. Without prejudice to the provisions made in article 4.3 of these contractual terms and conditions, the customer shall make known objections to a disputed invoice in writing within eight days of dispatch of the invoice. Any objection made known after this period of time shall be disregarded.

5.7. DECO PARTNERS shall prove irrefutably its dispatch of an invoice and its receipt by the customer by means of the entry of the invoice in its rendered invoices book, in each instance without prejudice to the right of DECO PARTNERS to apply other remedies at its disposal.

5.8. Notwithstanding the other provisions of this article 5, the agreement shall be dissolved at the discretion of DECO PARTNERS at the expense of the customer by operation of law without prior notice if the customer has breached any contractual provision (including but not limited to non-payment of the price), has been declared bankrupt or petitioned for a judicial reorganisation, has gone into liquidation or is held to be insolvent. The customer shall still be bound at its expense to return the delivered goods to DECO PARTNERS, in each instance without prejudice to the right of DECO PARTNERS to replacement and/or additional compensation for damage where merited.

5.9. Invoices may be sent to the customer electronically, namely by e-mail.

 

6. Reservation of title

6.1. Delivered goods shall remain the exclusive property of DECO PARTNERS until complete payment of the price, including any ancillary charges (such as costs and interest).

6.2. Reservation of title shall extend to other goods into which the delivered goods have been used, incorporated or transformed.

6.3. All existing and future receivables of the customer from any third parties for such goods delivered under reservation of title or for goods into which they have been used, incorporated or transformed (including a third-party customer, a third party that damages or destroys the goods or an insurance company) shall be assigned to DECO PARTNERS until receipt of full payment of its receivable comprising the price and ancillary charges. The customer shall notify the debtor of the assignment of the receivable in question and shall submit proof of such notification to DECO PARTNERS. DECO PARTNERS may also inform such debtor of the assignment of the receivable, with the proviso that the possibility of DECO PARTNERS to do this shall not affect the customer’s notification obligations.

 

7. Indemnification for defects in goods

7.1. DECO PARTNERS shall be liable for indemnification only for serious latent defects in the goods arising from raw material and/or manufacturing defects, to the exclusion of all other causes, insofar as such defects existed at least in essence at the time of establishment of the agreement.

7.2. Without prejudice to the provisions made in article 4.3 of these terms and conditions, any litigation for obtaining indemnification by DECO PARTNERS on the ground of defects in goods shall be brought prior to the use, working and/or processing of the goods, within a short period of time, and always within one month of establishment of the agreement, with such terms constituting an expiry date incapable of exclusion or suspension.

7.3. Any indemnification made by DECO PARTNERS shall be limited, at its election, to the free replacement or the free repair of the defective goods. Shipping costs and costs associated with the transport of defective goods for the purpose of their free replacement or free repair and also any related assembly/disassembly and/or installation work shall always be payable by the customer.

7.4. Indirect damage shall never qualify for compensation by DECO PARTNERS.

 

8. Disputes

8.1. In the event of a dispute between parties regarding the agreement (including but not limited to its establishment, continued existence, performance and interpretation) shall be subject to the sole jurisdiction of the courts at the place of the registered office of DECO PARTRNERS.

8.2. The agreement shall be subject exclusively to the laws of Belgium, to the exclusion of international legislation applicable in Belgium (such as the Vienna Sales Convention), in respect of all matters concerning the agreement (including but not limited to its establishment, continued existence, performance and interpretation).

 

9. Severability

Any provision of these contractual terms and conditions held to be invalid shall not cause the invalidity of the other provisions thereof.

 

10. Privacy

DECO PARTNERS may process the personal data of the customer for purposes of customer management, accounting and invoicing and in order to inform the customer of its offerings and new goods. Data may be saved in one or more databases. Personal data shall not be disclosed to third parties without the consent of the person concerned.

Under the Data Protection Act of 8 December 1992, the customer shall have the right at any time to inspect, edit and cause the removal of such data if the customer no longer wishes to receive information about activities of DECO PARTNERS.

 

11. Intellectual property right attached to website

DECO PARTNERS owns all intellectual property rights attached to the website. The customer does not have the right to use materials on the website either for its own purposes or for commercial or non-commercial purposes.

 

12. Use of cookies

The website uses cookies to improve the customers' browsing experience. The cookies are only used for non-commercial purposes. Any Internet user can configure his computer so that cookies are not accepted.