GENERAL CONDITIONS
These general conditions of sale (the “Conditions”) are applicable to any order placed by the customer (the “Customer”) with SA “SUN FURNITURE DISTRIBUTION”, abbreviated as “SUNDIS” (trade name “PLAISIR DU JARDIN”), with its registered office at 1180 Uccle, Chaussée de Waterloo 1589/C, VAT BE 0435.779.527, tel: +32 (0)2 375 60 26, email: info@plaisirdujardin.com (hereinafter “PLAISIR DU JARDIN”) as well as to any ancillary service provision.
The Conditions exclude, in the absence of written acceptance to the contrary from PLAISIR DU JARDIN, all general and special conditions of the Customer.
The Customer acknowledges having read the Conditions and having had the opportunity to keep and reproduce them.
A copy of the Conditions will be attached to the order confirmation email in a format allowing saving or printing.
ARTICLE 2: ORDERS
An order will only be accepted by PLAISIR DU JARDIN by its written confirmation to the Customer, sent by email.
ARTICLE 3: AVAILABILITY
Product offers as well as their prices are valid while stocks last from suppliers.
PLAISIR DU JARDIN undertakes to use all means at its disposal to honor all orders.
In any event, PLAISIR DU JARDIN cannot be held responsible for damage resulting from the unavailability of a product.
In the event of unavailability of a product, or of all the quantities that were the subject of a confirmed order, the Customer will be informed by email or by telephone of the total or partial cancellation of his order and the amount paid will be refunded as soon as possible.
ARTICLE 4: PRICE AND PAYMENT
The purchase price and the terms of payment are those indicated in the order.
Unless otherwise stipulated, a minimum deposit of 30% will be due within 8 days of the written confirmation of the order by PLAISIR DU JARDIN.
Unless otherwise stipulated, prices are exclusive of VAT and invoices are payable in EURO in cash at the head office of PLAISIR DU JARDIN.
Unless otherwise stipulated, prices do not include transport costs which will be invoiced separately.
Any complaint relating to an invoice must be notified to PLAISIR DU JARDIN at the latest within 8 days of its receipt, failing which the invoice will be deemed accepted.
If the Customer requests that the delivery time or place be modified, or if he provides PLAISIR DU JARDIN with incorrect information, PLAISIR DU JARDIN may claim additional costs from him.
If the Customer requests additional services (such as placement or assembly), PLAISIR DU JARDIN will invoice him for them at its usual conditions.
ARTICLE 5: DELIVERY AND TRANSFER OF RISKS
The goods are sold and delivered to the address given on the order.
Unless the parties provide otherwise, PLAISIR DU JARDIN will deliver the goods no later than 90 days after the conclusion of the contract.
In the event of PLAISIR DU JARDIN’s failure to meet the obligation to deliver the goods at the time agreed with the Customer or within the aforementioned period, the Customer will order it to make the delivery within a further period adapted to the circumstances.
If PLAISIR DU JARDIN has not made the delivery within the said additional period, the Customer will have the right to terminate the contract and will obtain, without undue delay, reimbursement of the sums paid.
The risks are transferred to the Customer at the time of taking possession by the Customer.
If delivery becomes permanently impossible due to force majeure, the sale will be automatically canceled.
ARTICLE 6: SANCTIONS IN THE EVENT OF NON-COMPLIANCE WITH CONTRACTUAL OBLIGATIONS
If the Customer refuses to take delivery on the agreed date, PLAISIR DU JARDIN may, after formal notice, claim from him costs for storage and warehousing and/or terminate the contract automatically, by simple letter.
In such a case, PLAISIR DU JARDIN may also claim a fixed and irreducible indemnity of 10% of the agreed price.
In the event of non-payment of an invoice by its due date, the Customer will be automatically liable, without prior notice, for late payment interest of 1% per month.
In addition, any invoice unpaid on its due date will be increased automatically and without prior notice, by a fixed and irreducible indemnity of 10% of the amount remaining unpaid with a minimum of EUR 50, without prejudice to the right of PLAISIR DU JARDIN to claim any additional damages.
In the event of legal recovery of an invoice, the Customer will also be liable for reasonable recovery costs such as lawyer’s fees and internal management costs.
ARTICLE 7: RETENTION OF TITLE
PLAISIR DU JARDIN retains ownership of the goods until full payment of the price, including late payment interest and any indemnities.
ARTICLE 8: LEGAL GUARANTEE
In accordance with articles 1649bis to 1649octies of the Civil Code, PLAISIR DU JARDIN is liable for any lack of conformity which exists upon delivery of the goods and which appears within two years from the delivery.
Any non-conformity existing at the time of delivery discovered within two (2) years following delivery and notified to PLAISIR DU JARDIN, under penalty of foreclosure, within two (2) months from its discovery, will be subject to repair or replacement, free of charge for the Customer, within a reasonable time, unless this proves impossible or disproportionate, in which case the Customer will be entitled to an appropriate reduction in the price or to termination of the contract.
After a period of six (6) months following delivery, the burden of proof of non-conformity rests with the Customer.
At the end of the two-year period, the common law of the warranty against hidden defects provided for in articles 1641 to 1649 of the Civil Code will, where applicable, apply.
In this case, the two (2) month denunciation period mentioned above will remain applicable.
APART FROM THE ABOVE WARRANTY, PLAISIR DU JARDIN OFFERS NO WARRANTY OR CONDITION, EITHER EXPRESS OR IMPLIED.
PLAISIR DU JARDIN EXPRESSLY DISCLAIMS ALL LIABILITY (OTHER THAN LIABILITY FOR FRAUD OR GROSS FAULT), IN THE EVENT OF LOSS OF USE, LOSS OR DAMAGE TO DATA OR DOCUMENTS, LOSS OF INCOME AND/OR PROFITS, DAMAGES SUFFERED BY THE CUSTOMER AND ANY OTHER INDIRECT OR CONSEQUENTIAL DAMAGE (OTHER THAN LIABILITY IN THE EVENT OF DEATH OR DAMAGE TO PERSONS WHICH WOULD RESULT FROM THE SOLE FAULT OF PLAISIR DU JARDIN).
IN NO EVENT SHALL THE LIABILITY OF PLAISIR DU JARDIN EXCEED THE VALUE OF THE GOODS AT THE TIME OF DELIVERY.
ARTICLE 9: APPLICABLE LAW AND JURISDICTION
The Conditions are subject to Belgian law.
In the event of a dispute between PLAISIR DU JARDIN and the Customer, the French-speaking courts of Brussels will have sole jurisdiction.