Terms and conditions of sale
Anyone who does business directly or indirectly with ECO-oh! at Nikelaan 35, 2430 Laakdal, registered in the Belgian Register of Legal Entities under 0630639164 (hereinafter referred to as “ECO-oh!”) is understood to respect these terms and conditions.
- Quotes are only binding for ECO-oh! insofar as the order, in accordance with the quote, is made in writing within 10 days after the date of the quote. Our quotes are strictly limited to the specified elements.
- Placing the order and/or accepting the invoice applies as explicit acceptance of these terms and conditions.
- All specified prices are excluding VAT. The prices specified in our price list are only valid on the purchase of complete packaging as indicated in the
catalogue. When purchasing incomplete packaging, a supplement of 25% will be added, depending on the product.
- Every order needs to be made in writing. In the absence of a written order form, ECO-oh! may refuse the order or consider it cancelled.
- Any change in an original order must also be made in writing. Following a change, the quote is no longer binding and ECO-oh! reserves the right to make
unilateral price changes and charge them to the Customer, who agrees with this.
- Following written confirmation of the order, it is binding for the Customer. If the Customer proceeds to cancel, the sale the full price shall be payable,
increased with all costs.
- The terms of delivery are not binding and only indicative.
- Shipments are always at the Customer’s risk and account. The risk for the goods is transferred to the Customer when the goods leave our site.
- In case events beyond ECO-oh!’s control make performance of its obligations impossible or unreasonably difficult, ECO-oh! has the right to unilaterally
terminate the agreement subject to written notification without obligation to pay damages.
- Payments must be made within 30 days after the invoice date at the latest.
- In case of late payment, damages of 10% on the outstanding invoice amount including VAT are owed, with a minimum of EUR 50, as well as an interest
on arrears of 1% a month from the invoice date automatically and without prior notice of default.
- ECO-oh! reserves the full and exclusive right of ownership of its sold properties until payment of the entire purchase price. In case of non-payment,
partial payment or late payment of the purchase price, ECO-oh! can immediately and without any notice of default collect the delivered goods from the Customer, which shall grant ECO-oh! the necessary access. As long as the full purchase price has not been paid, the recipient of the goods shall maintain them in perfect condition.
- Following written notification, ECO-oh! has the right to suspend the delivery or partial delivery and to demand security for the price of already delivered goods, as well as the goods to be delivered. The costs connected to this security remain payable by the Customer.
- Goods returned within a month are credited at 75% of their invoiced value if they are in their original condition in the original packaging.
- Complaints must always be addressed by motivated registered letter to the registered office of ECO-oh! within 3 days after delivery of the goods. Complaints will no longer be accepted after this period. Invoices must be contested within 5 days after the invoice date by registered letter to ECO-oh!’s registered office. Complaints will no longer be accepted after this period. The unwrapping, processing, transforming, incorporating, trading, changing or
repairing, etc. of the delivered goods makes every complaint inadmissible.
- Any granted guarantee, which was explicitly stipulated and specified in more detail in terms of duration, solely applies to the parts, not to the working hours
- ECO-oh! is only liable for intentional acts or gross errors, also if certain products or groups of products need to recalled due to a hidden defect. However,
ECO-oh!’s liability is restricted to the lower of the following two amounts: EUR 12,500 or the selling price of the product in question (excl. of VAT).
- The extent of ECO-oh!’s liability is restricted to taking back and replacing the goods or crediting up to 75%, at ECO-oh!’s discretion. All other damage, such as bodily injury and/or demurrage and/or damage to other goods, is always excluded. Other damages than those for which ECO-oh! has insurance
is also excluded. Prior to being able to invoke ECO-oh!’s liability, the Customer must prove that the disputed goods can no longer be used.
- The Customer indemnifies ECO-oh! against claims by third parties instituted directly against ECO-oh! with regard to goods coming from us and delivered
to third parties by the Customer, insofar as the claims of these third parties exceed ECO-oh!’s liability according to these terms and conditions.
- All legal proceedings of the Customer against ECO-oh! must, on risk of inadmissibility, be instituted within six months after the claim came about.
- If one or several of these clauses are subject to any form of invalidity, this shall not affect the invalidity of the other clauses, which remain applicable without
- If one or several of these clauses are not or only partly applied, this is always subject to all rights and without admission of liability.
- Only ECO-oh!’s managing director is able to bind the company with legal force.
- This agreement is governed by Belgian law. The applicability of the United Nations Treaty of 11 April 1980 in Vienna (CISG) is excluded.
- All disputes shall be settled by the court of Turnhout. In case of dispute, all costs of ECO-oh! such as court costs, expert’s fees, lawyer’s fees, etc. shall
be payable by the Customer.
- All derogations from these general terms and conditions must always be made in writing with mutual agreement and the Customer’s general terms and
conditions of purchase, even if they were notified to ECO-oh! after notification of these terms and conditions of sale and not contested by ECO-oh!, are
- ECO-oh! reserves the right to invoke the principle of setoff as specified in Article 1289 and following of the Belgian Civil Code when ECO-oh! and the
Customer are each other’s debtor. In that case, the two debts, as soon as they exist together, established and due and payable, are expunged to the
extent of each amount. Only the remaining balance shall still be payable.
- The Customer waives his, her or its possible right to compensation and/or retention.